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ACTS OF ASSEMBLY 

AND 

ORDINANCES OF COUNCILS 

RELATING TO 

FAIRMOUNT PARK 

HUNTING PARK 

BURHOLME PARK 

COBB'S CREEK PARK 
MORRIS PARK 

PENNYPACK PARK 

WISTER'S WOODS 

AND 

FISHER PARK 

UNDER THE CONTROL OF THE 

COMMISSIONERS OF FAIRMOUNT PARK 



PHILADELPHIA 

PRINTED FOR THE COMMISSIONERS 

1912 



FAIRMOUNT PARK 



ACTS OF ASSEMBLY 



Ad of February 2, 185 k- -P. L. JfS. 

Sect. 39. * * * And provided^ also. That it shall be councils re- 
the diitv of the City Councils to obtain, by dedication to obtain, 

. . . . ... antl laj' out 

or purchase, within the limits of the said City, an public 

••- ' "^ ^ squares and 

adequate number of squares or other ^reas of ground, p^i^^s. 
convenient of access to all its inhabitants, and lay out 
and maintain such squares and areas of ground as open 
public places, for the health and enjoyment of the peojDle 
forever.^ 

^ See ordinance of September 28, 1855, creating Fairmount Park, 
post, page 57. 



(1) 



ACT OF MAY 13. 1857. 



Ad of May 13, 1S5'\ 

Sect. 4. That the Councils of said City, whenever 
they shall select any square or other area of ground to be 
laid out and maintained forever as an open public place 
or park, for the health and enjoyment of the people, shall 
have the power, if they cannot agree with the owner or 
owners thereof as to price, to cause a petition to be filed 
in the Court of Quarter Sessions of the City and County 
of Philadelphia, on behalf of said City, setting forth by 
proper metes and bounds the ground so selected, and that 
by ordinance the said Councils have appropriated the 
same for said purpose; whereupon the said court shall 
appoint a jury to assess the damages in the manner now 
provided by law, and the proceedings thereupon shall be 
the same and with the like effect as upon the assessment 
of damages for the opening of streets in said City. 

See also Act of June 8, 1895, j)ost, page 34, and Act of June 26, 
1895, post, page 38. 

For additional authority of cities to acquire property for 
parks, parkways and land abutting thei-eon, see Act of June 
8, 1907, post, page 52. 



ACT OF MAECH 26, 1867. 



Ad of March 26, 1867. P. L. 5^7. 

AIT ACT 

Appropriating groimd for public purposes, in the City of 
Philadelphia. 

SECTioisr 1. Be it enacted hy the Senate and House of 
Representatives of the Commonwealth of Pennsylvania in 
General Assembly met, and it is hereby enacted hy the 
authority of same. That the title to, and ownership of, the 
area of eToimd which is bounded as follows :^ Beginning at Boundaries 

^ , , oi Fairmount 

a point on the river Schuylkill, at the intersection of the^ark^de- 
^north line of Bridge street and low water mark in said 
river; thence along said north line of Bridge street, to 
Bridgewater street ; thence along the easterly side of 
Bridgwater street, to north line of Haverford street, as 
now used; thence along the northeast line of said Haver- 
ford street to the Pennsylvania railroad; thence along 
said Pennsylvania railroad, to the Junction railroad ; 
thence along the said Junction railroad, its several courses 
and distances ; to a point where it intersects Girard ave- 
nue; thence westwardly, along the north line of Girard 
avenue, to Forty-first street ; thence northward, along Porty- 
first street, to Lansdowne avenue ; thence along said Lans- 
downe avenue, westwardly, to Belmont avenue ; thence 
along said Belmont avenue northwardly, to Montgomery 
avenue ; thence eastward, along said Montgomery avenue, 
in a direct line, to the water line of Pairmount dam ; thence 
down the river Schuylkill, along the low water line thereof, 

'Boundary of the Park modified by Act of April 14, 1868, Sec. 1, 
post, page 8. See also Sec. 4 of said Act, post, page 11. 



ACT OF MARCH 26, 1867. 



to the place of beginning, excepting therefrom and tliere- 
Franchises of oiit, that part of which the Schuylkill IN avigation, the 

Schuylkill > r J is ? ^ 

Navigation Pennsylvania Central, the Junction and the Connecting 
ni^a "^ju^netion Railroad Companies, are respectively seized, for the execu- 
tog R°ai°road tiou of their franchises,^ shall be vested in the City of 
excepfedf^' PhiladeljDhia, to be laid out and maintained forever, as 
an open public place and park, for the health and enjoy- 
ment of the people of said city, and the preservation of the 
purity of the water supply of the City of Philadelphia. 



Commis- 
sioners. 



To organize 
annually. 



To receive 
no compen- 
sation. 
Vacancies, 
how filled. 



Sect. 2. That the Mayor, the Presidents of the Select 
and Common Councils, Commissioner of City Property, 
the Chief Engineer and Surveyor, and the Chief Engineer 
of the Water Works of said city, together with ten citizens 
of said city, who shall be appointed for five years, five of 
them by the District Court, and five of them by the Court 
of Common Pleas of said city, be, and the same are hereby 
constituted Commissioners of said Park; they shall or- 
ganize annually on the first Monday of June, by the elec- 
tion of a president and secretary,^ but they shall receive no 
compensation for their services as Commissioners : Fro- 
vided, That whenever a vacancy shall occur in that part 
of the said Commissioners appointed by the courts, the 
court from which the appointment was made shall fill the 
vacancy. 



-r'^und to be ^EOT. 3. That the owners of the said ground,* by the 
same bT t*he^ ^^^^ scction of this act appropriated for public purposes, 

city. 

-See also Sec. 3 of Act of Ai^ril 14, 1868, post, page 11. 

^So much of the section as requires that the Secretary shall be 
chosen from the Commissioners, repealed by Act of April 14, 1868, 
Sec. 12, post, page 15. 

*A tenant for years is such an owner : 4 Wh. 90 ; 8 H. 91 ; 10 H. 
29 ; 1 C. 229 ; 16 P. F. Smith, 425. A ground landlord is not such an 
owner: 6 C. 362. See 28 Leg. Int. 356. The purchaser of an estate 
cannot claim damages*f or an injury done to it before his purchase. 
Such claim remains in the hands of the vendor : 10 H. 32. 



ACT OF MAKCH 26, 1867. 5 

shall be paicl^ for the same by the City of Philadelphia, 
according to the value^ which shall be ascertained by a vaiue, how 
jury of twelve''^ disinterested freeholders, to be appointed^ 
by the Court of Quarter Sessions of said city, upon the 
petition of said Commissioners ; and if the said Commis- commis. 

■^ _ _ ^ sioners to 

sioners shall delay petitioning as aforesaid for the period petition for 
of sixty days after notice given of their taking possession 
of said ground, then said jury shall be appointed upon owners may 
the petition of any person whose property shall be so jury if com- 

^ t/ J- i. 1. 1/ missioners 

taken : Provided^ liowever. That in any case the said Com- ^9^^'^ ^°^^ 
missioners may negotiate and agree with the owners of coj^n^iggjon. 
any part of said ground as to the price thereof, and said |otitate^and' 
price shall be reported to the said Court of Quarter Ses- owners of 
sions, and if confirmed and approved by said court, shall 
be conclusive upon said city : And provided further. Jury to as- 

rrn 1 • 1 11 1 ^®^^ advan- ' 

That whenever it shall be necessary to have recourse to a tages upon 

•^ land adjoln- 

jury to assess the damages for any property to be ^^k^n ig| ^P'|j^*^ 
as aforesaid [the said jury shall estimate the advantage °* ^^^ ^'^^^ 
to property adjoining or in the vicinity® and]^^ said jury^^ 

^Either under the Act of April 14, 1868, or by a common law 
action of debt, the land owner may recover the damages assessed 
or ag'reed on immediately npon confirmation of the report relating- 
to damag-es : 18 P. F. Smith, 49. 

^The basis of compensation is not to be measured solely by the 
value of the land taken. The advantages, likely to accrue, enter 
largely into the estimate : 4 H. 192 ; 11 Wright, 435 ; 29 Leg. Int. 
220. 

■Eeduced to six by Sec. 10 of the Act of April 14, 1868, post, 
page 14. 

*See Act of January 27, 1870, Sec. 3, post, page 29. 

"The term vicinity does not denote any particular, definite dis- 
tance from the Park : 6 H. 26. Such assessments are constitu- 
tional : 3 W. 296 ; 7 Barr, 175 ; 6 H. 26 ; 3 Philadelphia, 265 ; 11 C. 
231; 22 Leg. Int. (1865) 365; 4 N. Y. (4 Comst.) 419; 8 Wendell, 
85 ; Ibid. 101 ; 3 Paige, 45 ; 7 Hill, 9 ; 5 Ohio State Keports, 636 ; 
19 Ohio, 418 ; 26 111. 351 ; 30 Mo. 537. 

"Eepealed by Act of June 15, 1871, post, page 33. 

"See Act of January 27, 1870, Sec. 3, post, page 29. 



Q ACT OF MAECH 26, 1867. 

And proceed shall proceed and their award shall be reviewed and en- 
according to . 

the road forced m the same manner as provided by law in the open- 
ing of roads in the City of Philadelphia.^- 

ers™to*Td°o°pt Sect. 4. That the Commissioners of the said Park, 
provemen™' after they shall have secured possession of the ground, 
„ ■' ^.^ 'shall adopt a plan for the improvement and maintenance 

Expenditure •*■ ^ -■- . 

to be radir ^^®^®°^' ^^^ shall have power to proceed with the same, 
l^lion!"^^'^' and all moneys expended shall be under their supervision, 
No contract but uo coutracts shall be made for said improvement unless 

to be made _ _ ^ 

^riatfon^s'^"' an aj)propriation therefor shall have been first made by 
made. ^^q Couucils of Said city.^^ 

errto'flve' Sect. 5, That as soon as the said Commissioners shall 
mo'^^utV^rk' have fully organized, they shall have the care and manage- 
'lo be under meut of Faimiouut Park, on both banks of the river 
Schuylkill, and all plans and expenditures for the improve- 
ment and maintenance of the same shall be under their 

'-See Act of April 14, 1868, Sec. 10, post, page 14. See also 
18 P. F. Smith, 47. When the Court of Quarter Sessions have ap- 
pointed a full set of jurors, one or more of the number may be 
stricken off and others substituted, and it is not necessary to give 
notice that it will be done : 3 C. 69. The jury must be sworn 
before they enter iijaon their duties : 2 P. E. 207. And it must be 
stated in the report: 3 S. & E. 210. See 4 Wh. 514. Any of the 
jurors are competent to administer an oath to one of their num- 
ber : 2 C. 222. The report of the jury must be accomxaanied by a 
draft : 3 Binney, 3 ; 10 S. & E. 120. Five of the six jurors ap- 
pointed must view the property : 6 H. 220 ; 3 C. 69. All the 
jurors must deliberate, but a majority may decide : 5 C. 20. It 
is no objection to the report of viewers appointed to assess 
damages, that they conversed Avith the owners of property ad- 
joining, in the absence of the parties interested. An inquest of 
this sort is restrained to no peculiar species of evidence, and 
may resort to any source of information which the members of it 
may think proper, even the evidence of their senses : 4 E. 192. 
The jury are to judge for themselves on view of the premises, 
and not by the opinions of witnesses : 2 Wh. 277. The jury are 
to consider the matter just as if they were called on to value the 
injury at the moment when compensation could first be demanded : 
11 Wr. 434. 

^'See Act of April 14, 1868, Sec. 11, post, page 14, and Sec. 19, 
post, page 17. 



ACT OF MAECH 26, 1867. 7 

contTol, subject to such appropriations as Councils may 
from time to time make as aforesaid. ^■^ 

[Sect. 6. That the Commissioners of said Park are commis- 

'- _ sioners au- 

herebj further empowered, whenever the Councils of the (^j^g^^'^coun- 
City of Philadelphia shall so declare by ordinance, to take ^e^iare " to 
such other land as may be deemed proper by said Councils [^nd to? ex- 
for the extension of said Pairmount Park, between the pTrk° 
Spring Garden Water Works and the Columbia Bridge 
and between the Reading Railroad and the river Schuyl- 
kill, according to the value which shall be ascertained 
by a jury of twelve disinterested freeholders, to be ap- 
pointed by the Court of Quarter Sessions of said city 
upon the petition of said Commissioners ; and if the said 
Commissioners shall delay petitioning as aforesaid for a 
period of sixty clays after notice given of their taking pos- 
session of said ground, then said jury shall be appointed 
upon the petition of any person whose propertj^ shall be 
so taken. Provided, hoivever. That in any case the said Proviso. 
Commissioners may negotiate directly and agree with the 
owners of any part of said ground as to the price thereof, 
and said price shall be reported to the said Court of Quar- 
ter Sessions, and if confirmed or approved by said court, 
shall be conclusive upon said city : And 'provided further. Proviso. 
That whenever it shall be necessary to have recourse to a 
jury to assess the damages for any property to be taken 
as aforesaid, the said jury shall estimate the advantage to 
property adjoining or in the vicinity, and said jury shall 
proceed, and their award shall be reviewed and enforced 
in the same manner as provided by law in the opening of 
roads in the City of Philadelphia.]^^ 

"See preceding section. 

^'^The pi'ovisions of this section are supplied by subsequent legis- 
lation. The land referred to therein is included within the Park 
boundaries by the Act of April 14, 1868, Sec. 1. post, page 8, and 
the other provisions are also supplied b.y the Act of April 14, 1868, 
Sec. 5, post, page 12, and Sec. 26, post, page 21, and the Act of 
March 26, 1867, Sec. 3, ante, page 4. 



ACT OF APRIL 14, 1868. 



Ad of April 11^, 1868. P. L. 1083. 

A SUPPLEMENT 

To an act, entitled " An act appropriating ground for 
public purposes, in tlie City of Philadelphia," approved 
the twenty-sixth day of March, Anno Domini one 
thousand eight hundred and sixty-seven. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the Commomuealth of Peyinsylvania in 
General Assembly met, and it is hereby enacted by the 
authority of the same. That the boundaries of the Fair- 
mount Park in the Oity of Philadelphia shall be the fol- 
Boundaries lowiiiff, to v^it : Be2;innin2; at a point in the northeasterly 

of Fairmount *=' ^ ^ ^ . , ^ , ^ _ _, .;^ 

Park de- Ime of property owned and occupied by the Heading Rail- 
road Company, near the City bridge over the river Schuyl- 
kill at the Palis, where said northeasterly line [is inter- 
sected by the line dividing property of H. Duhring from 
that of F. Stoever and T. Johnson ; extending] ^ from 
thence in a southwesterly direction upon said dividing line 
and its prolongation to the middle of the Ford road ; from 
thence by a line passing through the southeast corner of 
Forty-ninth and Lebanon streets to George's run; thence 
along the several courses of said run to a point fourteen 
hundred and eighty-seven and a half feet from the middle 
of the Pennsylvania railroad, measured at right angles 
thereto; thence by a straight line through the northeast 
corner of Forty-third and Hancock streets to the northerly 
side of Girarcl avenue near Fortieth street ; thence by the 
said northerly side of Girard avenue to the easterly side of 

^\mended by Act of April 21, 1869, Sec. 8, post, page 26. 



ACT OF APRIL 14, 1868. 9 

the Junction railroad as now used; thence by the said 
easterly side of the Junction railroad and the Pennsyl- 
vania railroad to the north side of Haverf ord street ; thence 
by the northerly side of said Haverf ord street to the wester- 
ly side of Bridgewater street ; thence by said Bridgewater 
street to the north line of Bridge street; thence by said 
Bridge street to the west abutment of the Suspension 
bridge ; thence by the northwesterly side of the Suspension 
bridge and Callowhill street to the angle in said street, on 
the southwesterly side of Eairmount basin ; thence by the 
northerly side of Callowhill and Biddle streets to the 
westerly side of Twenty-fifth street; thence by the said 
Twenty-fifth street to the southwesterly side' of Pennsyl- 
vania avenue ; thence by the southwesterly side of Pennsyl- 
vania avenue to the west side of Thirty-third street ; thence 
along the westerly side of Thirty-third street to the south- 
westerly line of Eidge avenue; thence along said Ridge 
avenue to the southwesterly line of South Laurel Hill 
Cemetery (north of Huntingdon street) ; thence by and 
along said property line to such a distance from the shore 
line of the river Schuylkill as will permit the location of a 
carriage road one hundred feet wide upon its margin; 
thence along said river shore and its several courses as 
may be most practicable, at the same distance as above 
specified (provided said distance shall not exceed one hun- 
dred and fifty feet), to a point opposite the intersection of 
the Eidge turnpike and School lane ; thence northwardly 
to a point on the southwesterly side of said turnpike road 
opposite to the southeasterly side of said School lane ; 
thence by the southwesterly side of the Eidge turnpike 
road and its several courses to the southeasterly side of the 
Wissahickon creek ; thence by the several courses of the 
said southeasterly side of Wissahickon creek to the Schuyl- 
kill river; thence across the water course of said river to 
the northeasterly line of the Eeading Eailroad Company's 



10 



ACT OF APRIL 14, 1868. 



Water works 
excepted. 



Roberts' 
Hollow 
drive au- 
thorized. 



And declared 
part of the 
Park. 

Commis- 
sioners to ' 
make and 
file survey 
thereof. 



Wissahickon 
creek and its 
shores ap. 
propriated. 



property as now occupied and in use, at the City boundary 
line ; thence along said northeasterly line, as now occupied 
and used by said railroad company, to the place of begin- 
ning;^ excepting, nevertheless, thereout the several water 
works and their appurtenances, which are included within 
these boundaries, and .such uses of the premises immedi- 
ately adjacent to the same, and such other portions of the 
ground as are described in the plan, as the City of Phila- 
delphia may from time to time require for the purposes 
of its water department.^ 

Sect. 2. That there shall be laid out and constructed 
a road of easy and practicable grades extending from the 
intersection of the northerly line of the Park by Belmont 
avenue on the westerly side of the river Schuylkill to the 
head of Roberts' Hollow, and thence along said hollow 
and the river Schuylkill to the foot of City avenue, laid 
out with the ground contiguous thereto for ornamentation, 
of such width and so constructed as the Commissioners of 
Fairmount Park, appointed under authority of the Act of 
the General Assembly of the Commonwealth,* may deter- 
mine. And such road and its contiguous ground are 
hereby declared to be a part of the aforesaid Park ; and 
said Park Commissioners are hereby authorized and re- 
quired to ascertain, by a pro]3er survey, the limits thereof, 
which survey they shall file in the Survey Department of 
the City of Philadelphia. And it shall also be the duty 
of said Park Commissioners to appropriate the shores of 
the Wissahickon creek on both sides of the same from its 
mouth to the Paul's Mill road, and of such width as may 



=See Act of April 21, 1869, Sec. 2, post, page 23, and Sec. 5, 
post, page 25. 

^See, for further exceptions, Act of April 14, 1868, Sec. 3, post, 
page 11. See also Act of March 15, 1871, Sec. 1, post, page 32, and 
Act of March 26, 1867, Sec. 1, ante, page 3. 

'See Act of March 26, 1867, Sec. 2, ante, page 4. 



ACT OF APRIL 14, 1868. H 

embrace the road now passing along the same ; and may 
also protect the purity of the water of said creek, and by 
passing along the crest of the heights which are on either 
side of said creek, may preserve the beauty of its scenery. 
The said Park Commissioners are hereby authorized and commis- 

•^ " sioners to 

required to cause a proper survey to be made of said ™ie''®gurvey 
grounds upon the Wissahickon, and to file said survey in ^'^^'''^o*- 
the Survey Department of the City of Philadelphia, and 
the grounds and creek hereby appropriated are declared Declared 

^ _ , part of the 

to be a part of Fairmount Park. Park. 

Sect. 3. That the title to and ownership of the ground ritie to Park 

. vested in the 

within said boundaries shall be vestecP in the City of city. 

'' Excepting 

Philadelphia, excepting therefrom so much as shall be re- s''4'l|^y/,!'f,'] °* 
quired by the Schuylkill E'avigation Company, the Phila- PMik^ferphia 
delphia and Eeading, the Junction and Connecting Rail- fng, junc- 
road Companies for the execution of their franchises ascmne'cting 

Pailroad 

now provided by law." companies. 

Sect. 4. So much of the ground as was embraced in the ciaim of 

,.,,.. T , city to por- 

act to which this is a supplement, approved the twenty- tion of 

^ ^ ^ J- J- •' ground em- 

sixth day of March, one thousand eight hundred and sixty- ^ij}.ced m^^ 
seven, and is not included in the above boundaries,''' is released. 

"Land taken for public use is divested of all liens and incum- 
brances : 24 Leg. Int. 61 ; 27 Leg. Int. 61. But the court will not 
award the damages assessed, without inquiring whether there 
are any incumbrances, and if there are, an equitable distribution 
of the fund will be made : 1 Ashmead, 276 ; 5 Wr. 470. The power 
of the court must be exercised before the report of the jvtry is 
confirmed: 4 P. L. J. 468. Where daiuages have been assessed or 
agreed on for land taken for Fairmount Park, the land is vested 
in the City of Philadelijhia, and if the land owner continues in 
possession, it is at sufferance, and he can be turned out at any 
time : 18 P. F. Smith, 49. See also Act of April 21, 1869, Sec. 4, 
post, page 24, and Act of April 14, 1868, Sec. 9, post, page 13. 

•^See Act of April 14, 1868, Sec. 1, ante, page 10, for further 
exception. 

'See ante. Sec. 1, page 8, and Sec. 2, page 10. 



12 ACT OF APEIL 14, 1868. 

hereby released from all claim of title by the said city, 
with the same effect as if it had never been included.^ 

All Park Sect. 5. That all the ffronnds taken within the bound- 

grounds to ^ 

an ^po^wers ^° ^^'^^s of the Faimiount Park by the first section of this 
the* Act '^of'^ act, shall be subject to all the powers and control given 
by the act to which this is a suiDplement to the City of 
Philadelphia and the Park Commissioners designated by 
And owners or appointed under said act f and the owners of all ground 
Shan be com- taken for the Park, and others interested therein, shall be 

pensated as • i i • i i io 

therein pro- compensated as in said act is directed and provided/" 
commis- Sect, 6. The said Commissioners shall have power and 

sioners may , „ . . ■■ 

vacate authority, from time to time, to vacate any street or road 

streets, ex- •" ^ "^ , 

cept Girard -^ithiii the boundaries of the Park (excepting Girard ave- 

avenue, and ^ j- o 

^oads^etc! i^'Lic), and to opcii for public use such other roads, avenues 
and streets therein as they may deem necessary. 

councHs Sect, 7. The Councils of the City of Philadelphia shall 

shall cause 

alterations of causc, uiider the supervision of the Department of Surveys, 
24tr^^oth ^^^ ^^^-'^ alterations of the plan of survey of the Twenty-fourth 
ward^s^*^^ Ward as lies between Fairmount Park as by this act estab- 
lished, the Pennsylvania railroad and the City avenue, 
and of the contiguous parts of the Twentieth^ ^ and 
Twenty-eighth Wards, as may become necessary or expe- 
dient by reason of the extension as aforesaid of the limits 
of the Fairmount Park, and cause the same to be estab- 

^See Act of March 26, 1867, Sec. 1, ante, page 3. This release 
applies only to the triangular piece of ground bounded by Girard 
avenue, Forty-first street and Parkside avenue. 

^Act of March 26, 1867, ante, page 3. See also Act of April 21, 
1869, Sec. 8, post, page 26. 

"See Act of April 14, 1868, Sec. 26, post, page 21. See also Act 
of March 26, 1867, Sec. 3, ante, page 4. 

^^A new ward has been created out of that part of the Twentieth 
Ward contiguoi;s to the Park, since this act was passed, called the 
Twenty-ninth Ward. 



ACT OF APRIL 14, 1868. 23 

lishecl in manner as now provided by law for revising or 
laving out plans of survey in and for the City of Philadel- 
phia ; and shall lay out an avenue as one of the streets of 
the city, of the width of not less than one hundred feet, as 
a boundary of the Park on the southwest, west and north- And lay out 

"^ _ _ ^ a boundary 

west sides thereof, extending from Girard avenue to the avenue 

' " around the 

river Schuylkill, at or near the Falls Bridge ; and also ^'^^^• 
upon the eastern side of the river from the intersection of 
Pennsylvania avenue and Thirty-third street, northward 
along the boundary of said Park to the river Schuylkill, 

Sect. 8. The iurisdiction of the Commissioners of the Jurisdiction 

'' of Commis- 

Park shall extend to the breadth of the footway next the sioners siiaii 

'J extend over 

Park, in all avenues or streets which shall bound iipon ^°°[j^f^y y°* 
the Park, and they shall direct the manner in which such next^the 
footways shall be laid out, curbed, paved, planted and or-widtii of 
namented ; which footways shall not be less than twenty 
feet in width on any avenue or street of the width of one 
hundred feet, and of like proportion upon any street or 
avenue of a greater or less width, unless otherwise directed 
by the Commissioners. 

Sect. 9. The said Park Commissioners or iury whocompensa- 

'' "^ tion to be 

shall assess the compensation to the owners for the around ™^de for 

-■- c5 buildings, as 

taken, shall ascertain and make compensation for build- Jround^ taken 
ings,^" as well as the ground taken; but all buildings and^achinfry 
machinery and fixtures not required by the Park Commis- i^ot reqiured 
sioners shall be removed by the owners thereof whenever sioners to'^ be 

f ^ . removed by 

payment oi the compensation awarded them shall be made owners, 

whenever 

or tendered to them : and upon such payment or tender, payment of 

' ^ X t/ 7 damages is 

the Park Commissioners shall forthwith take possession ^tem ^^'^ 
of the premises. ^^ If any owner or lessee of ground ^^Jre^'o'^fli. 
taken cannot be found, notice of the taking and valuation grounr 

taken cannot 
be found. 
^-See Act of March 15, 1871, Sec. 1, post, page 33. 

"See ante, page 11, note 5. See also Act of April 21, 1869, 
Sec. 4, post, page 24. 



14 ACT OF APRIL 14, 1868. 

of his land shall be given bv advertisement in two daily 
papers, published in Philadelphia, six times, and in the 
Legal Intelligencer twice ; and the amount awarded in 
such case to the owner or lessee shall remain in the city 
treasury, until such owner shall produce the decree of the 
court having jurisdiction in the premises, ordering the 
said moneys to be paid to him or his legal representatives. 

commis- Sect. 10. The said Commissioners and jury may make 

sioners and . . ,, . . ■■ 

jury may partial or spccial reports, from time to time, to the court, 

make par- i l ± ^ 

tiai reports, as they may be ready to do so, and the court may act 
Powers of upoii such reports separately •^'^ and the powers of the 

the jury to / , „ ^ . -,-,■■,, i , 

continue lurv shall contiiiue, unless limited by the court, or thev 

until they J </ ' j ^ ? ■/ 

^ort^ed^'on all ^® required by the court to make report, until they shall 
uutess^othlr- ^'^^^^ reported on all the cases on which they have been 
by '^1;hr^ court, appointed, although a term or terms of the court shall 
Six jurors liave intervened; and jurors, not to exceed six in number, 

may be ap- i • i t 

pointed on may DC appointed upon one or more cases, according to 

one or more j j- ± s. / o 

cases. the order of the court made ; and whenever any report of 

Valuation the Said Commissioners or of the jury shall have been 

forthwith . "^ "^ 

payable confirmed by the court, the valuation made shall be forth- 

upon con- «^ ' 

toT report"^ with payable by the City of Philadelphia. ^^ 

City to raise Sect. 11. The City of Philadelphia shall be authorized 

money by . .-.„.., 

loans for all and required to raise by loans, from time to time, such 

grounds ; the -"; »/ / 

laying out suiiis of moiiey^'^ as shall be necessary to make compensa- 

and con. <^ j i. 

permanent ^^°^^ ^°^' ^^^ grouuds heretofore taken or to be taken for 

"See Act of January 27, 1870, See. 1, post, laage 28. See also 
ante, iJage 6, note 12. 

^^Tlie Legislature may direct tlie time for j)aying damages 
assessed for taking propertj^ for public use : 18 P. F. Smith, 45. 
The price of land taken for Fairmount Park as agreed upon with 
the Commissioners bears interest from the day of the confirma- 
tion of their report bj'' the court, not from the date of the agree- 
luent : Ibid. 48. As to interest on awards made after x\pril 21, 
1869, see Act of April 21, 1869, Sec. 9, post, page 27. 

^"See Act of April 21, 1869, Sec. 3, post, page 24. 



ACT OF APRIL 14, 1868. 15 

said Fairmoiint Park, and for the laying out and construe- care and im- 

^ provement 

tion thereof for public n&e ; for the permanent care and im- fjj;^''|j°/'p^f'* 
provement thereof, and for all culverts and other means ''^^^^■ 
for preserving the Schuylkill water pure for the use of the 
citizens of said city, and shall annually assess taxes for shaii assess 

'^ ' f taxes for 

keepino- in repair and o'ood order the said Park; and shall ^^^pi^.s ttie 

i t3 J- o ■ Park m re- 

also provide for the payment of the interest on all said P^g^j^g'^f"^ 
loans, and the usual sinking fund for the redemption fnt'l^re's't!^ a°nd 

, 1 (. loans. 

tnereol. 

Sect. 12, The said Park Commissioners shall, f rom ^j^'J^^^'^^^ 
time to time, appoint such officers, agents and subordi- ce^iPs°^agentl^ 
nates as they may deem necessary, for the purposes of this prescribe 

^ 1 ^ •,.■,,.. , ir. ,-, their duties 

act and the act to which this is a suppiement, ' and they and compen- 

sliall prescribe the duties and the compensation to be paid 

them : and so much of the second section^^ of the act to Repeal of 

provision of 

which this is a supplement, as requires that the SecretarvAct of is67, 

-^ -^ ^ ■■- " relating to 

shall be chosen from the Commissioners, be and the same |g^(frg°^r°^ 
is hereby repealed. 

Sect. 13. It shall be lawful for said Park Commis- commis- 
sioners may 

sioners to acquire title to the whole of any tract of land, ^^^^^^^ „^^« 
part of which shall fall within the boundaries mentioned ^ggjg°p^].^^<^ 
in the first section of this act, and to take conveyance ^^itJfi^'t^g 
thereof in the name of the City of Philadelphia ; and such 
part thereof as shall lie beyond or [within] ^^ the said Park And sen 

parts thereof 

limits, again to sell and convey in absolute fee simple to lyins outside 

' ^ -J \ the Park. 

any purchaser or purchasers thereof, by deeds to be signed 

by the Mayor, under the seal of the City, to be affixed 

bv direction of Councils ; either for cash, or part cash and Terms of 

part to be secured by bond and mortgage to the city, paying 

''See Act of April 14, 1868, Sec. 27, post, page 21, and also Act 
of January 27, 1870, Sec. 5, post, page 29. 

'^Ante, i^age 4. 

'"Altered to "without" hj Sec. 2, of the Act of January 27, 1870, 
post, page 28. 

2 



sale. 



■^Q ACT OF APRIL 14, 1868. 

Proceeds of all cash into tlie city treasury: Provided,, That the pro- 

sales to be i n i • i • ^ • ^ • j: -[ £ 

paid into the ceecls of such sales shall be paid into the sinkins' lund tor 

sinking fund. ^ . . ,» 

the redemption of the loan created under the pro^as^ons oi 
No commis- this act : Provided also. That no Commissioner, nor any 
officer shall officer uiidcr the Park Commission, shall in any wise be 
in such sales dircctlv or indirectlv interested in any such sale of lands 

under pen- j d " 

cha^rg°e^ ^''^' ^J ^^® Commissioners as aforesaid ; and if any Commis- 
sioner or officer aforesaid shall act in violation of this pro- 
viso, he shall, if a Commissioner, he subject to expulsion; 
if an officer, to be discharged by a majority of votes of the 
Board of Park Commissioners, after an opportunity 
afforded of explanation and defence. 
Commis- Sect. 14. The said Board of Commissioners shall, aii- 

po°r 'a'nnuany nually hereafter, [in the month of December, make, to 
Mayor! the Mayor of the City of Philadelphia,]-*^ a report of their 

proceedings, and a statement of their expenditures for the 
preceding year. 
May lease Sect. 15. The Said Park Commissioners shall have ex- 

wuhfn'pl'rk' elusive power to lease from year to year, all houses, and 
buildings within the Park limits, which may be let with- 
To collect out prejudice to the interests and purposes of the Park, 
pay%hem by leascs to be sigued by their President and Secretary, 

into City -^ ° , . , . 

Treasury. ^-^^ -^0 coUcct the routs and pay them into the city treasury. 

Buildings Sect. 16. All houses and buildings now built or to be 

Park^ ""^ built on any part of the Park grounds, by or for boat 

grounds by t . i i i n i 

boat clubs, or skatino' clubs, or zoological or other purposes shall be 

etc., relative o J o j. -l 

t°- taken to have rights subordinate to the public pur- 

poses intended to be subserved by acquiring and laying 
out the Park, and shall be subject to the regulations of 
said Park Commissioners, under licenses which shall be 
approved by the Commission, and signed by the President 

=°Amended by Sec. 4, of the Act of January 27, 1870, to read 
"to the Councils of the City of Philadelphia during the month of 
January." See post, ,page 29. 



ACT OF APRIL 14, 1S68. X7 

and Secretarv, and Avill subject them to their supervision 
and to removal, or surrender to the city, whensoever the 
said Commissioners may require. 

Sect. IT. The said Park Commissioners shall have commis- 
power to accept, in the name and behalf of the City of accept de- 

T-»i •Till- T • 1 vises, etc., 

Philadelphia, devises, bequests and donations of lands, of property 

^ / ' ^ in trust for 

moneys, objects of art and natural history, maps aiitltJi^®^PgUrpos|3 
books, or other things, upon such trusts as may be pre- 
scribed by the testator or donor: Provided, Such trusts 
be satisfactory to the Commission, and compatible with the 
purposes of said Park. 

Sect. 18. IN'oiie of the Park Commissioners, nor any Debts to be 
person employed by them, shall have power to create any by commis- 

11 ^ T • 1-1 -IT-. i^/-N sioners at a 

debt or obligation to bind said Poard of Commissioners, regular 

^ ' meeting. 

except by the express authority of the said Commissioners 
at a meeting duly convened. 

Sect. 19. The said Park Commissioners shall have the commis- 

. T , T 1 1 sioners 

power to govern, manage, lay out, plant and ornament the to have 

• 1 -n • T-> 1 T • • 1 power to 

said ± airiiiount Park, and to maintain the same in ffood manage and 

~ lay out 

order and repair;-^ and to construct all proper bridges, "^'^ p^''^^- 
buildings, railways,-- and other improvements therein, 
and to repress all disorders therein under the provisions 
hereinafter contained.-^ 

Sect. 20. That the said Park Commissioners shall have commis- 
authority to license the laying down, and the use for a liceusl ™as- 
term of years, from time to time, of such passenger rail- ways in the 
ways as they may think will comport with the use and 
enjoyment of the said Park by the public, upon such terms 
as said Commissioners may agree; all emoluments from 
which shall be paid into the city treasury.-"^ 

-'See also Act of :Marcli 26, 1867, Sec. 4, ante, page 6, and Sec. 
5, ante, page 6. 

"See Act of March 16, 1870, Sec. 1, post, page 30. 

"^'See post, Sec. 21. 

''See Sec. 23, post, page 20. 



18 



ACT OF APEIL 14, 1868. 



Rules and 
regulations. 



Cattle, goats, 
swine, 
horses, etc. 



Fire-arms, 
throwing 
stones, etc. 



Defacing 
trees, build- 
ings, etc., 
and fouling 
springs, etc. 



Rate of 
speed. 



Driving off 
roads. 



"Vehicles 
used for 
hire. 



Vehicles of 
burden. 



Street rail- 
joad cars. 



Articles ex- 
posed for 
sale. 



Sect. 21. The said Park shall be iiiider the following 
rules and regulations, and such others as the Park Com- 
missioners may from time to time ordain: 

I. 1^0 persons shall turn cattle, goats, swine, horses 
or other animals loose into the Park. 

II. jSTo persons shall carry fire-arms, or shoot birds in 
the Park, or within fifty yards thereof, or throw stones 
or other missiles therein. 

III. Xo one shall cut, break, or in anywise injure or 
deface the trees, shrubs, 2:)lants, turf, or any of the build- 
ings, fences, structures or statuary, or foul any fountains 
or springs within the Park. 

IV. Xo person shall drive or ride therein at a rate ex- 
ceeding seven miles an hour. 

Y. 'No one shall ride or drive therein, upon any other 
than upon the avenues and roads. 

VI. Xo coach or vehicle used for hire, shall stand upon 
any part of the Park for the purpose of hire, nor except 
in waiting for persons taken by it into the Park, unless 
in either case at points designated by the Commission. 

VII. Xo wagon or vehicle of burden or traffic shall 
pass through the Park, except upon such road or avenue 
as shall be designated by the Park Commissioners for bur- 
den transportation. 

VIII. Xo street railroad car~° shall come within the 
lines of the Park without the license of the Park Com- 
mission. 

IX. Xo person shall expose any article for sale within 
the Park without the previous license of the Park Com- 
mission. 



°See Act of March 16, 1870, ijost, page 30. 



ACT OF APRIL 14, 1868. 19 

X. 'No person shall take ice from the Schuylkill Avitliin ice. 
the Park without the license of the said Commission first 
had, upon such terms as they may think proper. 

XL ISTo threatenins:, abusive, insultins:, or indecent Ian- indecent 

*" . ^ language, 

guage shall be allowed in the Park. etc. 

XII. Xo gaming shall be allowed therein, nor any ob- Gaming, 

"^ , . obscenity, 

scene or indecent act therein. etc. 

[XIII. Xo person shall go in to bathe within the Bathing. 
Park.]26 

XIV. Xo person shall fish or disturb the water-fowl in pish, water- 

1 T 1 T • 1 • i^iTii fowl, birds, 

the i^ool, or any pond, or birds in any part oi the ir^ariv, li re-works 
nor discharge any fire-works therein, nor affix any bills or tices. 
notices therein. 

XV. Xo person shall have any musical, theatrical, or Entertain- 
other entertainment therein, without the license of the 

Park Commissioners. 

XVI. Xo person shall enter or leave the Park except Entrance 

and exit. 

by such gates or avenues as may be tor such purpose ar- 
ranged. 

XVII. Xo gathering or meeting of any kind, asseni- political and 
bled through advertisement, shall be permitted in the Park ings. . 
without the jjrevious permission of the Commission ; nor 

shall any gathering or meeting for political purposes in 
the Park be permitted under any circumstances. 

XVIII. That no intoxicating liquors shall be allowed intoxicating 

, , , . , . . liquors. 

to be sold withm said Park. 

Sect. 22. Any person who shall violate any of said commis- 
rules and regulations, and any others which shall be or-iiave power 

, , to ordain 

dallied by the said Park Commissioners, for the govern- other rules. 
iiient of said Park, not inconsistent with this act, or the 
laws and constitutions of this State and United States — 
the power to ordain which rules and regulations is hereby 
expressly given to said Commissioners — shall be guilty of 
-"Repealed by Act of June 3, 1911, post, page 56. 



20 



ACT OF APEIL 14, 1868. 



a misdemeanor, and shall pay such fine as may be pre- 
scribed by said Park Commissioners,^''^ not to exceed five 
dollars for each and every violation thereof, to be recovered 
before any alderman of said city, as debts of that amount 
are recoverable, which fines shall be paid into the city 
treasury: Provided, That if said Park Commissioners 
should license the taking of ice in said Park, or the entry 
of any street railroad car-^ therein, or articles for sale, or 
musical entertainments, it may be with such compensation 
as they may think proper, to be paid into the city treasury : 
And provided. That any person violating any of said rules 
and regulations shall be further liable to the full extent of 
any damage by him or her committed, in trespass or other 
action; and any tenant or licensed party who shall violate 
the said rules, or any of them, or consent to or permit the 
same to be violated on his or her or their ■ premises, shall 
forfeit his or her or their lease or license, and shall be 
liable to be forthwith removed by a vote of the Park Com- 
mission ; and every lease and license shall contain a clause 
making it cause of forfeiture thereof for the lessee or party 
licensed to violate or permit or suffer any violation of said 
rules and regulations or any of them. It shall be the 
duty of the police appointed to duty in the Park, without 
warrant, forthwith to arrest any offender against the pre- 
ceding rules and regulations, whom they may detect in 
the commission of such offence, and to take the person or 
persons so arrested forthwith before a magistrate having 
competent jurisdiction. 

All rents, Sect. 23. All rcuts, liccuse charges and fees; all fines, 

license ^ i oo 

charges procccds of all salcs, except of lands purchased,"'* and 

shall be paid profits of whatsocvcr kind to be collected, received, or 



Penalty for 
violation of 
rules. 



How recov- 
ered. 



All licenses 
may be with 
compensa- 
tion. 



Further lia- 
bility for 
violation of 
rules. 



Tenant shall 
forfeit lease, 
etc., for vio- 
lation of 
rules. 



Lease and 
license shall 
contain 
clause of 
forfeiture. 

Park police 
shall arrest 
offenders 
without war- 
rant. 



And take 
them forth- 
with before 
a magistrate. 



-'The fine prescribed hj the Commissioners is five dollars. 
=''See Act of March 16, 1870, post, page 30. 
-"See Sec. 13, ante, page 15. 



ACT OF APEIL 14, 1868. 21 

iowsoever realized, shall be paid into the city treasury, into the city 

• T 1 /-i MP treasury for 

as a fund to be exclusively appropriated by Councils for Park pur- 
Park purposes, under the direction of said Commission: 
Provided, That moneys or property given or bequeathed Proviso, 
to the Park Commissioners upon specified trusts^*^ shall 
be received and receipted for by their Treasurer, and held 
and applied according to the trust specified. 

Sect. 24. That the Councils of the City of Philadel- councils 

"^ may improve 

phia be and they are hereby authorized to widen and ^ppro^ac^es^ 
straighten any street laid out upon the public plans of 
said city, as they may think requisite to improve the ap- 
proaches to Pairmount Park. 

Sect. 25 That nothins; in this act contained shall tms act not 

" _ to affect pro- 

suspend or aif ect any proceeding pending in court under ^l^*^?^ ^ j^ 

any existing law; but the same shall be proceeded in as*=°^^*- 

if this act had not been passed. 

Sect. 26. The damages for ground and property taken Land dama- 
for the purpose of this act shall be ascertained, adiusted ascertained, 

^ ^ 7 J g^(,_^ jjj same 

and assessed in like manner as is prescribed by the act to ™ g^^l^^j^fu 
which this is a supplement.^^ ^^^ °* ^^^'^' 

■Sect. 27. The said Park Commissioners shall employ, park police, 
equip, and pay a Park force, adequate to maintain good 
order therein and in all houses thereupon ; which force shaii be sub- 
shall be subi ect to the orders of the Mayor upon any emer- orders of the 

■^ 'J ^ ^ " Mayor in 

e-ency : and so far as said force shall consist of others any emer- 

o «^ ' gency. 

than the hands employed to labor in the Park, it shall be how ap- 
appointed and controlled as the other police of the city. controlled. 

[Sect. 28. There shall be an additional assistant ap-park 
pointed by the City Solicitor, whose duty it shall be, under 

'"'See Sec. 17, ante, page 17. 

^^See Act of March 36, 1867, Sec. 3, ante, page 4, and Act of 
April 14, 1868, Sec. 5, ante, page 12. 



22 ACT OF APEIL 14, 1868. 

the direction of the City Solicitor, to attend to the assess- 
ments of damages, and to such other business of a legal 
nature connected with the Park as said Commissioners may 
require. ]^" 

^-Eepealed by the 5th section of the Act of January 27, 1870, 
post, page 29. 



ACT OF APEIL 21, 1869. 



Ad of April 21, 1S69. P. L. llOJf. 
A FUETHER SUPPLEMENT 

To an act entitled "An act appropriating ground for public 
purjDoses in the City of Philadelphia," approved the 
twenty-sixth day of March, Anno Domini eighteen hun- 
dred and sixty-seven. 

Section 1. Be it enacted by the Senate and House of 
Representaiives of the CommomveaUh of Pennsylvania, in 
General Assembly met, and it is hereby enacted by the 
authority of the same. That it shall he lawful commis- 

-' J ... sioners may 

for the Fairmount Park Commissioners, in the name prevent 

" damages to 

of the City of Philadelphia, to prevent and re- aitbougii'^" 
strain the damage or the destruction of any trees ag°s ha^e" 
and shrubbery upon any premises within the bounds assessed. 
described for the Fairmount Park, by the supple- 
ment to the act creating said Park, approved the four- 
teenth day of April, eighteen hundred and sixty-eight, al- 
though the compensation to the owners may not have been 
assessed or paid. 

Sect. 2. That the Fairmount Park Commissioners shall ^^y adjust 

boundaries of 

have power, on behalf of the City of Philadelphia, to ad- ^^ji|:q^/*^jj^ 

just the boundaries^ of said Park with any railroad or pantes*^ and 

canal company whose track, tow-path or canal navigation 

lies within or is bordering upon said Park, and with any 

other owner bounding upon the Park, and to receive and To receive 

'-' ■>- ' and make 

make the proper conveyances or releases in adjusting said p^op^^g^""^- 
boundaries as now provided by law," and if an increase ®*°- 

^See post, page 25, Sec. 5. 

"See Act of April 14, 1868, Sec. 13, ante, page 15. 



24 ACT OF APRIL 21, 1869. 

of width be conceded to any company or companies, or in- 
dividuals, or an exchange of property be made, it shall be 
Rate of com- at a rate of compensation not less than a iust and propor- 

pensation for ^ . 

Property ^re-^ tionate share of the cost of the whole property paid at any 
changed. ^^^^^ ^^ ^^1^ Q-^^ ^f Philadelphia, with lawful interest 
To be paid thercou, whicli compensation shall be paid into the sink- 

into sinking ' ^ _ 

fund. jj^g f^^nd of said city, for the extinguishment of the Park 

loan. 

An^^moneys Sect. 3. That all moneys raised by the City of Philadel- 
Iround^^etc.. V^^^ V loaus for the purchase of grounds for the Fair- 
separa^Iiy. mount Park, and the construction and laying out the 
same, shall be kept separately by the treasurer of the said 
city, and shall be appropriated and paid for no other pur- 
poses.^ 

commis- Sect. 4. It shall be lawful for the said Park Commis- 

sioners may 

sfo^n of° pTO^p- ^^011, after having given sixty days' notice of an intention 
sfxfy^days' ^o to do, to take actual possession of any lands or property 
aitilougii included within the boundaries of the Park, although the 
iiave °not compensation or damages for the said grounds or property 
sessed. may not have been assessed or paid;''^ and the City of 

Philadelphia shall thereupon become liable for the pay- 
ment of the compensation or damages which may be 
awarded for taking such grounds, as of the date when said 
In that grounds and property were actually taken into possession, 

to bear in- and .with interest from such date : Provided, That before 
any such notice be given as hereinabove provided, the said 
Commis- Park Commissioners shall have made an application to 

sion shall -■■ ^ 

appHc^tion ^^^ court foT the appointment of a jury according to the 

menrof°!iury. prOvisionS of law.^ 

'See Act of April 14, 1868, Sec. 11, ante, page 14. 
^See ante, page 11, note 5. See also Act of April 14, 1868, Sec. 
9, ante, page 13. 

"See Act of March 26, 1867, Sec. 3, ante, page 4. 



ACT OF APRIL 21, 1869. _ 25 

Sect. 5. If in lavino- out and adi listing the trades of the commis- 

•^ " J o u ^ sioners may 

TDOundarj avenues of Fairmount Park, the configuration vary^the^^ 
•of the grou:nd shall make it advantageous to vary from the 9^ a^dfusung^ 
boundaries^ as now authorized by law, said Park Commis- lounfar"/ 

IT ,!•! 1 Tx j.*x avenues, and 

Sioners are hereby authorized and empowered to negotiate take addi- 
and agree with any owner or owners of ground bounding ground, 
upon the Park, and so required for the proper location and 
adjustment of said boundary avenues, as to the price and 
•conveyance thereof ; and to that end may take and receive 
■additional ground, or make exchanges or releases as the 
case may require : Provided, That the area of the said Park Provided 

^ ■•- ' the area 

shall not be increased thereby. ^^ ^^^® p^J^ 

In case of inability from any cause to fix the price oi^^^^^^^- 
any land, or to adjust the terms of any exchange of g^o^^nd i^^ craimis-^ 
required for the purpose aforesaid, the same shall be deter- °°th^iwners 
mined by a jury appointed for the purpose, in the manner j^ury^'^baii be 
provided in the act to which this is a supplement.'^ ^ ^°'^ 

Sect. 6. That it shall and may be lawful for the City councils 

may confer 

Councils to confer upon said Park Commission, and for care of other 

-L ' grounds 

the Commission to accept, the care and management f rom ^po^.^com- 
time to time of any other grounds now appropriated or 
hereafter to be appropriated for park purposes within the 
City of Philadelphia. 

Sect. Y. 'No Park Commissioner, and no Solicitor act-commis- 

' _ _ sioners, Soil- 

ing for said Commission, and no person exercising any cjtor^and^^ 

office, or holding any appointment under such Commission coripens\^- 

shall receive, either directly or indirectly, any compensa- p ar^tie^J h™v- 

.• _!• • 1 1 X X 1 • iiiS claims. 

tion lor any service rendered to any party iiaviug any 
claim of any kind, whether for land damages, or in any 
other manner arising against said Commission, or the city, 

"See ante, page 23, Sec. 2. 

'See Act of March 26, 1867, Sec. 3, ante, laage 4. Under axithoi-- 
ity conferred upon them by the above section, the Park Commis- 
sioners have varied tlie nortliwest boundary of the Park. 



26 ACT OF APRIL 21, 1869. 

excepting only the proper salary or compensation, if any, 

attached to his office, and any offence against the pro- 

under pen- yisions of this scctioii shall be deemed a misdemeanor, and 

alty of ex- 

office°'' ^^"^ punishable by expnlsion from office. 

1st section Sect. 8. The first section^ of an act of Assembly, ap- 

of the Act of 

iles— deHn- pi'oved the fonrteenth day of April, Anno Domini one 
mg^bounda- thousand eight hundred and sixty-eight, entitled " A snp- 
amended. piemcnt to.an act entitled 'An act appropriating ground 
for public purposes in the City of Philadelphia,' approved 
the twenty-sixth day of March, Anno Domini one thou- 
sand eight hundred and sixty-seven," shall be amended 
so that the same in describing the boundaries of Fairmoimt 
Park shall read as f oUov^s : " Beginning at a point in 
" the northeasterly line of property owned and occupied 
''by the Reading Railroad Company, near the City bridge 
" over the .river Schuylkill at the Falls, where said north- 
" easterly line would be intersected by the line dividing 
"the property of H. Duhring from that of P. Stoever and 
"T, Johnson, if the same were extended; from thence in a 
'' southwesterly direction upon said dividing line and its 
" prolongation to the middle of the Pord road ;" and from 
thence the said boundary line shall proceed as in said first 
section is described. And furthermore, it is hereby de- 
clared to be the true intent and meaning of the fifth sec- 
Aii grounds tioii^ of Said act, that all the grounds pertaining to Pair- 

pertaining to ' nj j. o 

Glared "^to be i^^o^^^^t Park, and mentioned and described in any of the 
powe^rs con*^^^ scctious of Said act of Assembly, shall be subject to all the 
th"*^comm?s- powcrs, coiitrol and authority which is by force of law 
conferred upon the Commissioners of Pairmount Park. 



sioners. 



Park dam- Sect. 9. It is the true intent and meaning of the act 

ages not to *^ 

unm pay''^^* ®-'-^^^^-^^*^^ "All act appropriating ground for public pur- 
ment is poscs ill the City ofi Philadelphia," approved March 

'Ante, page 8. 
°Ant'e, page 12. 



ACT OF APRIL 21, 1869. 27 

twenty-sixth, one thousand ei2,'ht hundred and sixty- made or war- 

^f 1 c T 1 "" ' rant is is- 

seven/^ and of the supplement thereto, passed April four- sued, 
teenth, one thousand eight hundred and sixty-eight/^ and 
of the pro'visions of this further supplement, that no in- 
terest shall be allowed on damages for ground taken up 
to the time of their payment, or the issue of any warrant 
for their payment by the City of Philadelphia, excepting Exception, 
only such cases as are provided in the fourth section of 
this act.-^- 

"Ante, page 3. 
^^Ante, page 8. 

^-Ante, page 24. See also, as to interest on Park damages be- 
fore the passage of this act, ante, page 14, note 15. 



28 



ACT OF JANUAEY 27, 1870. 



Ad of January 21, 1870. P. L. 93. 

A FURTHER SUPPLEMEI^^T 

To an act entitled " An act appropriating ground for pub- 
lic purposes in the City of Philadelphia, " approved the 
twenty-sixth day of March, Anno Domini eighteen hun- 
dred and sixty-seven. 

Section 1. Be it enacted hy the Seriate and House of 
Representatives of the Commonwealth of Pennsylvania, in 
General Assemhly met, and it is hereby enacted by the 
authority of the same, That it shall he lawful, 
for the Court of Quarter Sessions of Philadelphia 
county to confirm the partial or special reports of 
Park juries, and to order payment by the City of 
Philadelphia of the damages awarded to one or 
more owners of land from time to time, although the 
jury shall not specify therein by whom the damages are 
to be paid, without prejudice to the right and power of 
the same or any other jury appointed by the court to sub- 
sequently make inquiry as to the advantages of opening 
said Park to properties adjoining, or in the vicinity of the 
same, and by a subsequent partial or special report to de- 
termine what amount, if any, of said damages shall be 
paid by the City of Philadelphia, and what amount, if 
any, shall be paid by the property owners benefited, as now 
provided by law.^ 

The word Sect. 2. That the word " within " in section thirteen^ 

"within," in r-A-iA -r-\'' 

section 13, of of the act of the fourteenth of April, Anno Domini one 

^See Act of April 14, 1868, Sec. 10, ante, page 14, and Act of 
June 15, 1871, post, page 33. 
"Ante, page 15. 



Court may 
confirm 
partial 
reports of 
Park juries, 
though no 
assessments 
for benefits 
have been 
made on ad- 
joining pro- 
perty, with- 
out preju- 
dice, etc. 



ACT OF JANUAEY 27, 1870. 29 

thousand eiffbt hundred and sixty-eia-ht, relating to Fair- the Act of 

==> 1/1 111 ^^^^' altered 

mount Park, next after the words beyond or" be altered to -with- 

" out. 

to '"without." 

Sect. 3. That should any vacancy happen in any jury vacancies in 
now appointed or hereafter to be appointed, by death oriiow aiied. 
resignation, removal or otherwise, it shall be lawful for 
the court to fill such vacancy from time to time as it may 
happen without prejudice to the validity of the Pi'*^*^®^^" fi^?^^^^ 
ings: Provided, That every claimant shall have the oppor- siiau^ be fuiiy 
tunity of being fully heard by the whole jury or a quorum ^^'I'jje^j.u^ 
thereof after any such new appointment.^ thereof. 

Sect. 4. That the Board of Park Commissioners shall Annual re- 

1 r^ ., c ^ n- X P°'''- °^ Corn- 
make their annual report to the bouncils oi the Lity ot missioners. 

Philadelphia during the month of January, and not to 

the Mayor of said city as now provided by law.* 

Sect. 5. That the twenty-eiarhth section^ of the act en-Twenty- 

"^ ° eighth sec- 

titled " A supplement to an act entitled ' An act appro- "on of the^_^ 

priating ground for public purposes in the City of Phila- J^t^:^,i|68, 
delphia,' approved the twenty-sixth day of March, Anno 
Domini one thousand eight hundred and sixty-seven," ap- 
proved the fourteenth day of April, Anno Domini eighteen 
hundred and sixtj'-eight, shall be and the same is hereby 
repealed ; and there shall be appointed by the Commis- commis- 

■*- ' . . . sioners to 

sioners of Fairmount Park, a Solicitor, whose duty it appoint Park 

' " "^ Solicitor. 

shall be under their direction to attend to the assessment ^utj^g 
of damages, and to such other business of a legal nature 
connected with the Park as the said Commissioners may 
require ; he shall receive during the present year and here- compensa- 
after, until otherwise ordered by Councils, the same com- 
pensation as is now provided for the Assistant Solicitor 
named in the said twenty-eighth section. 

^See Act of March 26, 1867, Sec. 3, and notes, ante, pages 4 
and 5. 

^See Act of Aioril 14, 1867, Sec. 14, ante, page 16. 
^See ante, page 21. 



30 ACT OF MARCH 16, 1S70. 



Act of March 16, 1870. P. L. 1^51. 

KE ACT 

To secure to tlie citizens of the Commonwealth the free nse 
and enjoyment of Fairmonnt Park in the City of Phila- 
delj)hia, and to prevent the construction of any railroad 
therein. 

Preamble. Whekeas, The Citv of Philadelphia under authority 

conferred by an act of Assembly approved March twenty- 
sixth, Anno Domini one thousand eight hundred and sixty- 
seven, and the several supplements thereto, has purchased 
a large body of land within the limits of said city, and 
laid out and improved the same as a public Park known 
as Fairmonnt Park, and has expended several millions of 
dollars in the purchase and improvement of the same : 

Section 1. Be it enacted by the Senate and House of 

Representatives of the C omniomvealth of Pennsylvama, in 

General Assembly met, and it is hereby enacted by 

City required fJiQ authority of the scimc, That the City of Phila- 

to maintain ^ j ^ ^ ^ t/ 

o^en^Fair delphia is hereby required to maintain and keep 
mount Park, qj^qjj -j-j^g, g^^^-]^ Paimiouut Park for the free use 
and enjoyment of all the citizens of this State, 
subject to the rules adopted for the good order and govern- 
in consider- mciit of tile saiiie,^ and in consideration of the compliance 

ation where- ^ 

of no rail- of the saicl city with the requirements of this Act, the 

roads shall -^ -l- ' 

bum 'In the State of Pennsylvania hereby declares and agrees that no 
^^^'^- railroad shall ever hereafter be constructed within the 

^See ante, page 18, Sec. 21. 



ACT OF MAECH 16, 1870. 31 

limits of the said Fairmount Park:^ Provided, that noth- Rights ai- 

rG3.dv 3.C— 

ing in this act shall be construed to interfere with the quired by 

. , -, , , . , - railroad 

riffhts already acquired by any railroad company whose companies 

a u i. ^ o i. tj preserved. 

tracks are now laid within the limits of said. Fairmount 
Park. 

'See Act of April 11, 1868, Sections 19 and 20, ante, pag-e 17. 



ACT OF MAECH 15, 1871. 



Ad of March 15, 1871. P. L. 363. 



A FUETHEE SUPPLEMENT 



Commis- 
sioners may 
exclude from 
the Park 
manufac- 
tories 
therein 
under agree- 
ments with 
the owners. 

To protect 
purity of 
■water. 

To preserve 
good order. 

To prevent 
sale of in- 
toxicating 
liquors. 

Exemption 
may be for 
term of 
years or in 
fee. 



Commis- 
sioners may 
agree with 
Ridge Ave- 
nue Turn- 
pike Com- 
pany for 
portion of 
said turn- 
pike. 

Upon failure 
to agree, 
jury may be 
appointed. 

Proceedings, 
etc. 



To an act appropriating ground for public purposes in the 
City of Philadelphia, ajDproved the twenty-sixth day of 
March, Anno Domini one thousand eight hundred and 
sixty-seven. 

SECTioisr 1, Be it enacted hy the Seno.te and House of 
Representatives of the C ommonwealth of Pennsylvania, in 
General Assembly met, and it is hereby enacted hy 
the authority of the same. That the said Park Com- 
missioners shall have power to exclude from the 
Park manufactories therein, so as to leave the 
ownership in the owners thereof, with defined bound- 
aries under agreements to be made between the 
said owners and the City of Philadelphia, to run with 
the title, in manner to protect the purity of the waters of 
the Schuylkill and the Wissahickon, and to preserve good 
order in the Park, and to prevent the sale of intoxicating 
liquors upon any part of the premises to be so left in pri- 
vate ownership ; and such exemption from being taken 
for public use, may be for a term of years or in fee. 

Sect. 2. That it shall be lawful for the Eairmount Park 
Commissioners to agree with the Eidge Avenue Turnpike 
Company for the taking of said Eidge avenue, from 
Dauphin street northwestward to the Wissahickon, and 
if they cannot agree, to petition for a jury in manner 
authorized by the acts relating to said Park; and such jury 
shall proceed, and the court have all the power in said acts 
contained, for the ascertainment and payment of the dam- 
ages for freeing said avenue from tolls. -^ 



^See Act of March 26, 1867, Sec. 3, ante, page 4. 



ACT OF JUNE 15, 1871. 



Ad of June 15, 1871. P. L. 39 If. 

AI^ ACT 

Relating to the assessment of damages for the appropria- 
tion of land for public use. 

/S'ection 1. Be it enacted hy the Senate and House of 
Representatives of the C ommonwealth of Pennsylvania, in 
General Assembly 'met, and it is hereby enacted by the au- 
thority of the same. That in all cases of the appropriation No assess- 

. 1 r r ments for 

of land for public use, other than for roads, streets or benefits shall 

^ ' ^ be made 

highways, it shall not be lawful to assess, apj)ortion or^P°^'^ adjoin- 
charge the whole or any portion of the damage done to ^'^^{^"[y^'^o/^® 
or value of the land so appropriated, to, among or against for%ubiic'^ 
the other property adjoining or in the vicinity of the in the case 
land so appropriated, nor the owners thereof; and all acts, 
or parts of acts, inconsistent herewith, are hereby re- 
pealed.^ 

^See Act of March 26, 1867, Sec. 3, ante, page 4. This Act 
does not apply to cases where part of the same tract of land is 
taken and part is not. In that case the jury is bound, in 
ascertaining the damages, to take into consideration the ad- 
vantages to that portion of the tract which is left : 29 Leg. Int. 
220. 



34 ACT OF JUNE 8, 1895. 

Ad of June 8, 1895. P. L. 188. 

AN ACT 

Providing for the manner of ascertaining, determining, 
awarding and paying compensation and damages in all 
cases wliere mimicipalities of this Commonwealth may 
hereafter be authorized by law to take, use and appro- 
priate private property for the purpose of making, en- 
larging and maintaining public parks within the corpo- 
rate limits of such municipality. ■'■ 

Section 1. Be it enacted hy the Senate and TIause 

of Representatives of the Commonwealth of Pennsylvania, 

cipaiity may in General Assembly met, and it is hereby enacted by 

acquire pri- 
vate property. //;g authority of the same, That in all cases where any 

municipality of this Commonwealth shall hereafter be 
authorized and empowered by law to acquire, enter upon, 
take, use and appropriate private property for the pur- 
poses of making, enlarging and maintaining public parks 
within the corporate limits of such municipality, when- 
ever the Councils thereof shall by ordinance or joint 
resolution determine thereon, the compensation and dam- 
ages arising from such taking using and appropriating 

Compensation ? . p ^ <• • i t n i 

and damages, of private property lor the purposes aforesaid, shall be con- 
sidered, ascertained, determined, awarded and paid in the 
manner hereinafter provided. 

Sect. 2. If the compensation and damages arising 
from such taking, using and appropriating of private 
property for the purposes aforesaid, cannot be agreed up- 
on by the owners thereof and such municipalities, it shall 

When parties "^ . . , . . i • i i 

cannot agree. \)q lawful for sucli municipalities to tender its bond as 

Municipality 

bon^d.^^'^'^^'' 'See Act of June 26, 1895, as amended, post, page 38. 



ACT OF JUNE 8, 1895. 35 

security to the party claiming or entitled to any damages, 

or to the attorney or agent of any absent person, or to the 

agent or other officer of a corporation, or to the giiardian 

or committee of any person nnder legal incapacity, the 

conidition of which shall be that the said mnnicipality condition. 

shall pay or cause to be paid such amount of damages as 

the party shall be entitled to receive, after the same shall 

have been agreed upon or assessed in the manner provided 

in this Act. In case the partv or parties claiming dam- if owners re- 

-^ . ITT ^^^® muni- 

ages refuse or do not accept the security so tendered, the cipaiity may 

_ ^ . . petition 

said municipality shall then give the party, his or their court, 
agent, attorney, guardian or committee, at least ten days' 
written notice of the time when the same wull be presented 
in any court of common pleas of the county in which the 
land so to be acquired, taken, used or appropriated is 
situate, for approval ; and thereafter, the said munici- 
pality may present its bond to said court of common And me bond, 
pleas, and when approved, the said bond shall be filed in 
said court for the benefit of those interested, and recovery Recovery of 

damages. 

may be had thereon for the amount of damages ascer- 
tained or finally determined, if the same be not paid or 
cannot be made by execution on the judgment in the issue 
formed to try the question, and upon the approval of 
said security, said municipality may enter into possession, 
take, hold, use and enjoy said land for the purposes afore- 
said forever. 

Sect. 3. In case the compensation for damages accru- when com- 

'-' pensation for 

ing from such appropriation has not been agreed upon damages is 
by the parties in interest, any court of common pleas of ^^°^- 
the proper county as aforesaid, or any law judge thereof 
in vacation, on application thereto by said municipality, 
or any person interested in such land and property, shall 
appoint three discreet and disinterested freeholders as Court shaii 

•* ^ appoint three 

viewers, and appoint a time, not less than ten nor more 'Viewers. 



36 ACT OF JUNE 8, 1895. 

than twenty days thereafter, when said viewers shall meet 
upon the property and view the same and the premises 
affected thereby. The said viewers shall give at least five 

Notice of days' personal notice of the time of their first meeting upon 
the owners, agents, attorneys or representatives thereof, 
if the same reside within the county in which such muni- 
cipality is located, otherwise by handbills posted upon the 
premises or by such other notice as the court shall direct. 

Viewers shall The Said vicwers, having been duly sworn or afiirmed 

be sworn. . , . . . 

faithfully, justly and impartially to decide and true re- 
port to make concerning all matters and things, to be sub- 
Duties, mitted to them in relation to which they are authorized 
to inquire under the provisions of this Act, and having 
viewed the premises, or examined the property, shall hear 
all parties interested and their witnesses, and having due 
regard to the advantages and disadvantages, shall estimate 
and determine the damages for the property taken, used 
or appropriated, and to whom the same are payable ; they 
Shall give shall give at least ten days' notice thereof in the manner 

ties of meet- herein provided, to all parties interested of the time and 
ins- 
place when said viewers will meet and exhibit said report 

and hear any exceptions thereto. After making whatever 

changes are deemed necessary and proper, the said viewers 

And make shall make report to the court, showino- the damages, if any, 

report to / • -, -, ■ ■ 

court. allowed, and file therewith a plan showing the properties 

acquired, taken, used and appropriated, and the names of 
the persons to whom such damages are payable. 

Sect. 4. Upon the report of said viewers, or any two 

of them, being filed in said court, any party may within 

Exceptions thirty days thereafter file exceptions to the same : and 

to report. J -J i 5 

the court shall have power to confirm said report, or to 
modify, change or otherwise correct the same, or refer 
the same back to the same or new viewers with like power 
as to their report. Or within thirty days from the filing 



ACT OF JUNE 8, 1895. 37 

of any report in conrt, any party whose property is so 
acquired, taken, n,sed or appropriated may appeal and May ^aweai^ 
■demand a trial by jury, and any party interested there- ^^^^ ^^^^^' 
in may, within thirty days after final decree, have an ap- 
peal to the Supreme Court. If no exceptions are filed 
or no demand made for trial by jury within the said 
thirty days after the filing of said report, the same shall 
become absolute. The said court of common pleas shall Power of the 

•L court. 

have power to order what notices shall be given, in con- 
nection with any part of said proceedings, and may make 
all such orders as it may deem requisite. 

Sect. 5. The viewers provided for in this Act may be when viewers 

may be ap- 

appointed before, or at any time after the entry, taking pointed, etc. 
or appropriation of any property to be used for the pur- 
pose aforesaid. They shall have power to administer 
oaths and adjourn their hearings from day to day as 
they may find necessary. 

Sect. 6. The costs of the viewers and all court costs costs shaii 

be paid by 

incurred in the said proceedings, including advertising ^^J^icipaiity. 
and printing and posting notices, shall be defrayed by the 
said municipality and each of the said viewers shall be 
entitled as compensation to a sum not exceeding five dol- ^j°™^^er^g"°° 
lars per day, for every day necessarily employed in the 
performance of the duties herein prescribed. 

■Sect. 7. All damages when ascertained and determined ^a^™|es. °* 
shall be assessed against and paid by the municipality 
so taking, using and appropriating the property as afore- 
said. 



38 ACT OF JUNE 26, 1895, AS AMENDED. 



Ad of June 26, 1895. P. L. 3Jf9. 

As amended by Act of July 15, 1897, P. L. 273, and Act of 
May 6, 1909, P. L. 459. 



Als ACT 

AiTthorizing the cities of this Commonwealth to purchase, 
acquire, take, use and appropriate private property 
for public park purposes. 

Sectio^t 1. Be it enacted hy the Senate and House of 
Representatives of the Commonwealth of Pennsylvania, in 
Acquiring of General Assembly met, and it is hereby enacted hy the 
eny^a^nd ™er- authority of the same, That it shall be lawful for 
house proper- and the right is hereby conferred upon the cities of this 
purposes. Commonwealth to purchase, acquire, enter upon, take, use 
and appropriate private property for the purposes of mak- 
ing, enlarging, extending and maintaining public parks, 
within or without the corporate limits of such cities, and to 
enter upon, take, use and appropriate any poorhouse prop- 
erties held for the accommodation of the poor of any dis- 
tricts, wards or towmships, within or without the cor- 
porate limits of such cities, for the purposes of making, en- 
larging, extending, and maintaining such public parks, 
whenever the Councils thereof shall by ordinance or joint 
resolution determine thereon : Provided, That where said 
private property is outside of the city, it may be annexed 
thereto by ordinance of such city : And provided. That 
" where any poorhouse properties shall be so taken, and 
such cities shall have made adequate jDrovision for there- 
after accommodating and supporting the poor of the dis- 



ACT OF JUNE 26, 1895, AS AMENDED. 39 

tricts, wards or townships within snch cities, wherein such 
poorhonses are located, nominal damages only shall be 
awarded for snch taking, and the land shall be held on 
condition that snch cities shall continne to make snch ade- 
quate provisions for the poor of snch districts, wards or 
townships. 

Sect. 2. Whenever any of said cities in the exercise when cities 
of the right so conferred has heretofore aoqnired, taken, property for 

1 • 1 1 T I- ■ park pur- 

used or appropriated, or shall hereafter acquire, take, use poses. 

or appropriate private property for public park purposes, 
and said city cannot agTee with the owner or owners, 
lessee or lessees of such private property upon the compen- 
sation for the property appropriated and the damages done, 
or when by reason of the absence or legal incapacity of 
any such owner or owners, lessee or lessees, no such com- 
pensation can be agreed upon, the court of common pleas 
of the proper county, or any judge thereof in vacation, 
oil application thereto by petition by said city, or such 
owner, lessee or any person interested, shall appoint three 
discreet, disinterested freeholders of said city as viewers 
to view and ascertain the damages clone by reason of such 
taking, use, appropriation, occupancy or injury, and shall 
appoint a time, not less than twenty nor more than thirty 
days thereafter, for said viewers to meet at or upon the 
premises where the damages are alleged to be sustained or b^*^i*jven^^" 
the property taken, of which time and place ten days' 
notice shall be given by the petitioner to said viewers and 
all parties interested by personal service Avhen such ser- 
vice can be obtained, otherwise by publication in one or 
more newspapers and by handbills posted on the premises, 
or in such other manner that said court shall direct. And viewers shaii 

be sworn. 

the said viewers or any two of them having been duly 
sworn or affirmed, faithfully, justly and impartially to 
decide and a true report make concerning all matters and 



40 



ACT OF JUNE 26, 1895, AS AMENDED. 



Shall estimate 
and de- 
termine value 
of land, etc. 



Shall also 
estimate 
damages, if 
any. 



If report 

awarding 

damages is 

confirmed, 

judgment 

shall be 

entered. 



How 
collected. 



Parties may 
appeal to 
court. 



Affidavit 
must be 
made. 

May put 
cause at 
issue and 
have it tried. 



Either party 
may appeal 
to Superior 
or Supreme 
Court. 

Power of the 
Court of 
Common 
Pleas. 



things to be submitted to them, and in relation to which 
they are authorized to inquire into, in pursuance of the 
provision of this Act, and having viewed the premises or 
examined the property, shall estimate and determine the 
quantity, quality and value of the land or property so 
entered upon, taken, used, appropriated or injured as the 
case may be, and having a due regard to and making just 
allowance for the advantages which may have resulted 
or which may seem likely to result to the owner or own- 
ers of said land or property in consequence of the mak- 
ing, enlarging or extending of such public park, and after 
having made a fair and just comparison of said advan- 
tages and disadvantages, they shalFestimate and determine 
whether any, and if any, what amount of damages has 
been or may be sustained, and to whom payable, and make 
report thereof to said court. If any damages be awarded 
and the report of said viewers be confirmed by said court, 
judgment shall be entered thereon, and if the amount 
thereof be not paid within thirty days after the entry of 
such judgment, said judgment shall be collected by due 
legal process as other judgments are collected from said 
city. Upon the report of said viewers, or any two of 
them, any party who may, within twenty days thereafter, 
file an appeal from said report to said court in writing, 
and accompanied with an affidavit that the same is not 
taken for the purpose of delay but because the affiant 
firmly believes that injustice has been done, . and after 
such appeal, either party may put the cause at issue in 
the form directed by said court, and the same shall be 
tried by said court and a jury, and after final judgment, 
either party may appeal to the Superior or Supreme 
Court under the provisions and in the manner prescribed 
in other cases. The said court of common pleas shall 
have power to order what notices shall be given in con- 
nection with any of the proceedings, and may make all 



ACT OF JUXE 26, 1895, AS AMENDED. 41 

sucli orders as it may deem requisite. The costs incurred Payment of 

costs. 

in tlie proceeding aforesaid shall be defrayed by said 
city, and each of the viewers shall be entitled to receive 
a sum, not exceeding five dollars per day, or such com- 
pensation as shall be decided upon by the proper court, 
not exceeding five dollars per day, for every day neces- 
sarily employed in the performance of their duties. 



42 ACT OF FEBRUARY 28, 1901. 



Ad of Fehniary 2S, 1901. P. L. 15. 

A FURTHER SUPPLEMEjSIT 

To an '^Act to iDrovide for the better government of cities 
of the iirst-class in this Commonwealth," approved Jnne 
first, one thousand eight hundred and eighty-five. 

Section 1. Be it enacted hy the Seimte and House of 

Representatives of the C omnionivealth of Pennsylvania, in 

General Assemhly met, and it is herehy enacted hy the 

Speedway authority of the same, That any board in any city of the 

authorized, j^ -i -i • ^ ^ 

nrst-class vested with the power to regulate grounds for 
the health and enjoyment of the people under any special 
Act of Assembly is hereby authorized to set apart or aside 
any roadway or drive therein for the use of horses and 
vehicles at such rate of speed as may be prescribed by said 
board, and no limit of speed prescribed by any special act 
shall thereafter apply to such roadway or drive so estab- 
lished. 



x\CT OF APPJL 24, 1903. 43 

Ad of April 2Jf, 1903. P. L. 29 Jf. 

A:Nr ACT 

Authorizing commissioners of public parks within cities 
of the first class of this Commonwealth, to purchase, ac- 
quire, enter upon, take, use and appropriate farmlands 
and woodlands adjoining any public park within said 
cities, for park purposes, wherever in their opinion such 
lands shall be necessary for the improvement of said 
parks, and providing that the total acreage of land so 
taken shall not exceed one thousand acres. 

SECTioisr 1. Be it enacted by the Senate and House of 
Representatives of the C omnionwealth of Pennsylvania, in 
General Assembly met, and it is hereby enacted by the 
aidhority of the same. That it shall be lawful for, and the 
right is hereby conferred upon, commissioners of public 
parks within cities of the first class of this Commonwealth, 
to purchase, acquire, enter upon, take, use and approjDriate, 
for public park purjjoses, farmlands and woodlands ad- 
joining and bounding land now used for park purposes 
within the corporate limits of said cities of the first class, 
in which the park or parks are located, where in the oj)inion 
of said commissioners the said lands shall be necessary for 
the improvement of the said parks : Provided, however. 
That the total acreage of all lands so taken in pursuance of 
this Act shall not exceed one thousand acres. 

Sect. 2. In exercising the power aforesaid, all proceed- 
ings for ascertaining damages, and assessing the benefits 
incident thereto, shall be in accordance with the law author- 
izing cities of this Commonwealth to acquire, by purchase 
or otherwise, private property for public park purposes.-^ 

^See Act of June 26, 1895, as amended, ante, page 38. 



44 ACT OF MAY 25, 1907. 



Act of May 25, 1907. P. L. 2Jf9. 

A¥ ACT 

Creating an Art Jury for cities of the first class, and pre- 
scribing its powers and duties. 

Section 1. Be it enacted hy the Senate and House of 
Bepresentatives of the C ommonwealth of Pennsylvania, in 
General Assembly met, and it is hereby enacted by the 
authority of the same. That in every city of the first class 
in this Commonwealth there shall be an Art Jury, com- 
posed of the Mayor of the city, ex-officio, and eight other 
members to be appointed by him as hereinafter provided. 
In all matters within the jurisdiction of the jury, pertain- 
ing to work under the special charge of a bureau in any 
department of the city, the head of such bureau shall, also, 
for the time being, act as a member of the jury, ex-officio. 

Sect. 2. The members of the jury, to be appointed by 
the mayor, shall consist of a painter, a sculptor, an 
architect, a member of a commission having control of a 
public park in said city, not holding any other ofiice under 
the city government, and four other persons not engaged 
in the practice of the profession of painting, sculpture or 
architecture, but, at the date of their appointment, mem- 
bers of the governing body or teaching force of a corpora- 
tion or corporations organized under the laws of this 
Commonwealth and conducting a school of art or archi- 
tecture in said city. Those first selected shall be ap- 
pointed by the mayor in groups of two, for terms of one, 
two, three and four years, respectively, from the first 



ACT OF MAY 25, 1907. 45 

Monday of April, and thereafter the successor of each of 
them shall be appointed for a term of four years from 
the date of expiration of his predecessor's term, except in 
the case of an aj)pointment to fill a vacancy occurring 
during a term, which shall be for only the unexpired 
portion of the term. All appointments under this act 
shall be exempt from the provisions of the act to regulate 
and improve the civil service of the cities of the first class, 
approved March fifth, one thousand nine hundred and six, 
but shall be subject to confirmation by select councils of 
the said cities. 

Sect. 3. The members of the jury shall serve vi^ithout 
compensation ; and from their own number shall elect a 
president and secretary, to serve for one year, and until 
their successors are elected. The jury shall have power 
to adopt its own rules of procedure and to prescribe regula- 
tions for the submission to it of all matters within its 
jurisdiction. Five members shall constitute a quorum. 
The councils of said city shall, by ordinance, provide for 
the ■necessar}'' expenses of the jury, including the salaries 
of such clerk, or clerks, as may be required, and appointed 
by the mayor of said cities. 

Sect. 4. Hereafter no work of art shall become the 
property of a city of the first class, by purchase, gift, or 
otherwise, unless such work of art, or design for the same, 
and the projDOsed location of such work of art, shall first 
have been submitted to and approved by the art jury of 
said city ; nor shall any work of art, until so approved, 
be erected or placed in or upon or allowed to extend over, 
any building, highway, stream, lake, square, park or other 
public place belonging to or under the control of said city. 
The jury may, when it deems proper, also require a com- 
plete model of the proposed work of art to be submitted to 
it before taking final action thereon. The term "work 



46 ACT OF MAY 35, 1907. 

of art," as used in this act, shall include all paintings, 
mural decorations, inscriptions, statues, reliefs, or other 
sculptures, monuments, fountains, arches, or other struct- 
ures, intended for ornament or commemoration, ISTo ex- 
isting work of art, in the possession of the city, shall be 
removed, relocated, or altered in any way without the 
approval of the jury. 

Sect. 5. The jury shall make to the mayor, annually, 
on or before the first Monday of February, a report of 
its proceedings during the preceding year, and shall also, 
from time to time, make such recommendations for im- 
provements to the city, as it may deem advisable. 

Sect. 6. This act shall not limit, or affect in any way, 
the authority conferred by law upon any commission to 
lay out, improve, or maintain any public park, in any 
city of the first class, now under the eontrol of such com- 
mission ; nor shall it restrict in any way the exercise of 
full discretion by such commission in the execution of 
any trust created by deed or will. 



ACT OF MAY 31, 1907. 47 



Ad of May 31, 1907. P. L. 3^9. 

AN ACT 

To provide for the planting and care of shade-trees, on 
highways of townships of the first class, boroughs, and 
cities of the Commonwealth of Pennsylvania, and pro- 
viding for the cost thereof. 

Sectio^t. 1. Be it en-acted hy the Senate and House of 
Representatives of the Commonwealth of Pennsylvania^, in 
General Assembly met, and it is hereby enacted by the 
authority of the same. That in townships of the first class, 
boroughs and cities of the Commonwealth of Pennsylvania 
there may be appointed, in the manner hereinafter pro- 
vided, a Commission of three freeholders, to be known 
and designated as the Shade-tree Commission of the said 
township, borough, or city, who shall serve without com- 
pensation, and who shall have exclusive and absolute 
custody and control of and power to plant, set out, remove, 
maintain, protect and care for, shade-trees, on any of the 
public highways of the said townships, boroughs, and 
cities, the cost thereof to be provided for in the manner 
hereinafter stated: Provided, That in townships, bor- 
oughs, or cities, in which a Commission for the care of 
public parks shall have been created, said Commission 
shall, upon the acceptance of this act, as provided in 
section two, be charged with the duties of the Commis- 
sion as above provided, and shall, for that purpose, be 
possessed of all the powers herein mentioned and granted. 

Sect. 2. The commissioners of any township of the 
first class, or the councils of any borough or city, in the 
4 



48 ACT OF MAY 31, 1907. 

State of Pennsylvania, may, by majority vote in the case 
of the commissioners, or by joint resolution in the case of 
the councils, accept the provisions of this act;^ and, v^hen 
such majority vote or joint resolution shall have been duly 
passed and approved, and such Shade-tree Commissioners 
appointed, or, in their stead, the duties and powers herein 
provided have been devolved upon an existing park com- 
mission, then, from that time and in that event, this act 
and all its provisions shall be in full force and applica- 
tion in such township of the first class, borough, or city, 
so accepting, and such commissioners shall be appointed, 
for terms of three, four and five years, respectively, and 
on the expiration of any term the new appointment shall 
be for five years, and any vacancies shall be filled for the 
unexjDired term only ; and in townships of the first class 
the said appointment shall be made by the commissioners 
thereof ; and in boroughs by the chief burgess, and in cities 
by the mayor thereof: Provided, That in cities where 
a Commission exists for the care of public parks, the term 
and appointment of such Commission shall not be changed 
by this act, but shall be and remain as provided by the 
act of Assembly, or by the ordinance of Councils creating 
such Commission for the care and maintenance of public 
parks. And such Shade-tree Commission shall, twice in 
every year, report in full its transactions and expenditures 
for the municipal fiscal year then last ended, to the au- 
thority under and by which it was appointed: Provided,. 
That an existing park commission, acting under this 
enactment, may embody its report in its regular report to 
the councils, as by law or ordinance provided. 

Sect. 3. That, when such shade-tree commissioners or 
park commissioners, so acting, shall propose the setting 
out or j)l anting or removing of any- shade-trees, or the ma- 

^The provisions of the Act ■were accepted by the Councils of 
the City of Philadelphia on July 13, 1911, post, page 84. 



ACT OF MAY 31, 1907, 49 

terial cbanging of the same in any highway, they shall 
give public notice of the time and place appointed for 
the meeting at which such contemplated work is to be con- 
sidered, specifying in detail the highways, or portion 
thereof, upon which trees are proposed to be planted, re- 
moved or changed, in one or more — not exceeding two in 
all — of the newspapers published in said township, bor- 
ough, or city, once each week for at least two weeks, prior 
to the date of said meeting. 

Sect. 4. The cost of planting, transplanting, or re- 
moving any trees in any highway, and of suitable guards, 
curbing, or grating for the protection thereof when neces- 
sary, and of the proper replacing of any pavement or side- 
w^alk necessarily disturbed in the doing of such work, shall 
be borne by the owner of the real estate in front of which 
such trees are planted, set out, or removed ; and the cost 
thereof as to each tract of real estate shall be certified by 
the commissioners to the township commissioners, or to 
the presidents of the councils in boroughs and cities, and 
also to the person having charge of the collection of taxes 
in such township, borough, or city; and upon the filing of 
said certificates, the amount of the cost of such improve- 
ment, of which notice shall also be given to each property 
owner involved, accompanied with a copy of the aforesaid 
certificate, together with a' notice of the time and place of 
payment, shall be and become a lien upon said real estate, 
in front of which said trees have been planted, set out, 
or removed ; such lien to be collectible, if not paid in ac- 
cordance with notice as herein provided, in the same man- 
ner as other liens for taxes are now collectible against 
the property involved. 

Sect. 5. The cost and expense of caring for said trees, 
after having been planted or set out, and the expense of 
publis-hing' the notices provided for in section three, shall 



50 ACT OF MAY 31, 1907. 

be borne and paid for by a general tax, to be levied an- 
nually in the manner that taxes for township, borough,' 
or city purposes are now levied in such townships of the 
first class, boroughs or cities ; such tax not to exceed the 
sum of one-tenth of one mill on the dollar on the assessed 
valuation of the property in such townships of the first 
class, boroughs, or cities; and the needed amount shall 
each year, in due time, be certified by the shade-tree com- 
missioners to the proper authorities charged with the as- 
sessment of taxes in said townships, boroughs, or cities, 
to be assessed and paid, as other taxes are assessed and 
paid, and to be drawn against as required by said com- 
missioners, in the same manner as moneys appropriated 
for township, borough, or city purposes, are now drawn 
against in said townships, boroughs, or cities: Provided, 
That the commissioners of any township of the first class, 
and the councils of any borough or city, accepting the pro- 
visions of this act, may provide for the expense of the 
maintenance of trees on highways, in accordance with the 
provisions of this section, by actual appropriation, equal 
to the amount certified to be required by the said Com- 
mission, in lieu of the specific assessment above authorized. 

Sect. 6. The Commission, under which the pro- 
visions of this act shall be carried out, in any township 
of the first class, borough, or city, shall have power to 
employ and pay such superintendents, engineers, foresters, 
tree-wardens, or other assistants^ as the proper perform- 
ance of the duties devolving upon it shall require; and 
to make, publish and enforce regulations for the care of, 
and to prevent injury to, the trees on the highways of 
any township, borough, or city accepting the provisions 
of this act; and to assess suitable fines and penalties for 
violations of this act: Provided, Such regulations shall 
have been published at least twice in one or more — not 
exceeding two — newspapers of the township, borough, or 



ACT OF MAY 31, 1907. 51 

city, involved, and having been submitted to and being 
approved by the commissioners of the township of the 
first class, or the conncils of the borough or city affected ; 
and such fines and penalties, so assessed for violations of 
this act, shall become liens upon the real property of the 
offender, and be collectible by the constituted authorities 
as liens for taxes upon real property are now collected. 

Sect. 7. All the moneys due and collected from fines 
or penalties or assessments, in consequence of the acts of 
said Shade-tree Commission in enforcing this act, shall 
be paid to the treasurers of the townships, boroughs, and 
cities accepting its provisions, and shall be placed to the 
credit of said Commission, subject to be drawn upon by 
the said Commission for the purposes of this act. 

Sect. 8. All acts and parts of acts inconsistent wuth 
this act are hereby repealed. 

Sect. 9. This act shall take effect immediately; but 
its provisions shall not be and become binding upon any 
township, borough, or city until it has been duly accepted, 
as provided in section two. 



52 



ACT OF JUNE 8, 1907. 



Act of June 8, 1907. P. L, Jf66. 



A-N ACT 

Aiitliorizing cities of this C'ommonwealtli to purchase, 
acquire, take, use and appropriate private property, for 
the purposes of making, enlarging, extending and main- 
taining public parks, parkways and playgrounds ; au- 
thorizing the said cities to purchase, acquire, take, use 
and appropriate neighboring private property, within 
two hundred feet of the boundary lines of such public 
parks, parkways and playgrounds, in order to protect 
the same by resale, with restrictions ; authorizing the 
resale of such neighboring property, with such restric- 
tions in the deeds of resale in regard to the use there- 
of as will protect such public park, parkways and play- 
grounds ; and providing for the manner of ascertaining, 
determining, awarding and paying compensation and 
damages in all cases where property is taken, used and 
appropriated for the said purposes. 

SECTiOisr 1. Be it enacted hy the Senate and House of 
Representatives of the Commomvealth of Pennsylvania, in 
General Assemhly met, and it is hereby enacted hy the 
authority of the same. That it shall be lawful for, and the 

Cities. right is hereby conferred upon, the cities of this Common- 

wealth to purchase, acquire, enter upon, take, use and 

Acquirement appropriate private property, for the purpose of making, 

property. enlarging, extending and maintaining public parks, park- 
ways and playgrounds within the corporate limits of such 
cities, whenever the Councils thereof shall, by ordinance 

Proviso. or joint resolution, determine thereon: Provided, That 



ACT OF JUNE 8, 1907. 53 

where such private property is outside of the city, it may Annexation, 
be annexed thereto by ordinance of said city: And pro- Proviso. 
vided, That where any poorhonse properties are so taken, Poorhouse 

^ ^ "^ ^ ^ ^ ^ _ ' property. 

and such cities shall have made adequate provisions for 
thereafter accommodating and supporting the poor of the 
districts, wards, and townships within such cities, where- 
in such poorhouses are located, nominal damages only 
shall be allowed for such taking, and the land shall be 
held on condition that such city shall continue to make 
adequate provisions for the poor of such districts, wards, 
or townships. 

Sect. 2. It shall be lawful for, and the right is hereby 
conferred upon, cities of this Commonwealth to purchase, 
acquire, enter upon, take, use, and appropriate neighbor- Neighboring 
ing private property, within two hundred feet of the erty. 
boundary lines of such property so taken, used, and ap- 
propriated for public parks, parkways and playgrounds, 
in order to protect the same by the resale of such neighbor- 
ing property with restrictions, whenever the Councils 
thereof shall, by ordinance or joint resolution, determine 
thereon: Provided^ That in the said ordinance or joint proviso, 
resolution, the Councils thereof shall declare that the con- ordinance or 

resolution. 

trol of such neighboring property, within two hundred 
feet of the boundary lines of such public parks, park- 
ways or playgrounds, is reasonably necessary, in order to 
protect such public parks, parkways, or playgrounds, their 
environs, the preservation of the view, appearance, light, 
air, health, or usefulness thereof. 

Sect. 3. That it shall be lawful for, and the ria-ht is Right of re- 

. T sale. 

hereby conferred upon, the cities of this Commonwealth 
to resell such neighboring property, with such restrictions 
in the deeds of resale in regard to the use thereof as will 
fully insure the protection of such public parks, parkways 
and playgrounds, their environs, the preservation of the 



54 ACT OF JUNE 8, 1907. 

view, appearance, light, air, health and usefulness thereof, 
whenever the Councils thereof shall, by ordinance or joint 
resolution, determine thereon. 

Property de- Sect. 4. The takiuff, usins; and appropriating, by the 

clared appro- O" o ^^ ^ o? •/ 

pub^uc^us°e! right of eminent domain as herein provided, of private 
property for the purpose of making, enlarging, extending, 
and maintaining public parks, parkways and playgrounds, 
and of neighboring property, within two hundred feet of 
the boundary lines of such public parks, parkways and 
playgrounds, in order to protect such public parks, park- 
ways, and playgrounds, their environs, the preservation 
of the view, appearance, light, air, health and usefulness 
thereof, by reselling such neighboring property, with such 
restrictions in the deeds of resale as will protect said 
property, so taken for the aforesaid purpose, is hereby 
declared to be taking, using, and appropriating of such 

Proviso. private property for public use : Promded, however. That 
the proceeds arising from the resale of any such property, 
so taken, shall be deposited in the treasury of said cities, 
and be subject to general appropriation by the Councils of 
said city. 

When com- Sect. 5. In all cascs wherein cities of this Common- 

pensation for i c i i • • 

damages can- wealth shall hereafter take, use, and appropriate private 

not be agreed ' ' . 

upon. property, for the aforesaid purposes, by ordinance or 

joint resolution, if the compensation and damages arising 
therefrom cannot be agreed upon by the owners thereof 
and such cities, such compensation and damages shall be 
considered, ascertained, determined, awarded, and paid 
in the manner provided in an act, entitled "An Act pro- 
viding for the manner of ascertaining, determining, 
awarding, and paying compensation and damages in all 
cases where municipalities of this Commonwealth may 
hereafter be authorized by law to take, use and appropri- 
ate private property for the purpose of making, enlarg- 



ACT OF JUNE 8, 1907. 55 

ing and maiutaiiiiiig public parks, witliin the corporate 
limits of siicli municijDalitj," approved tlie eighth day of 
June, Anno Domini one thousand eight hundred and 
ninety-five.-^ 

Sect. 6. All acts or parts of acts inconsistent "here- 
with are hereby repealed. 

^Ante, page 34. 



56 ACT OF JUNE 3. 1911. 



Ad of June 3, 1911. P. L. 652. 

A^ACT 

Repealing rule thirteen, contained in section twenty-one 
of an act approved the fourteenth day of April, Anno 
Domini one thousand eight hundred and sixty-eight, 
entitled "A supplement to an act entitled 'An Act ap- 
propriating ground for public purposes in the City of 
Philadelphia,' approved the twenty-sixth day of March, 
Anno Domini one thousand eight hundred and sixty- 
seven." 

Section 1. Be it enacted hy the Senate and House of 
Representatives of the Commonwealth of Pennsylvania, in 
General Assembly met, and it is hereby enacted hy the au- 
thority of the same. That so much of section twenty-one 
of the act approved the fourteenth day of April, Anno 
Domini one thousand eight hundred and sixty-eight, en- 
titled "A supplement to an act entitled 'An act appropri- 
ating ground for public purposes, in the City of Phila- 
delphia,' approved the twenty-sixth day of March, Anno 
Domini one thousand eight hundred and sixty-seven," 
w^hich reads as follows : "Thirteen. JSTo person shall go in 
to bathe within the Park,"^^ is hereby repealed. 

^Ante, page 19. 



OKDINANCE OF SEPTEMBER 28, 1855. 57 



ORDINANCES 



Ordinance of September 28, 1855. Ordinances 1855, 

page 207. 

KE OEDnTA:^CE 

Dedicating Lemon Hill Estate to public use as a Park. 

Whereas^ By the thirty-ninth section of the Act of 
Assembly consolidating the City of Philadelphia/ it is 
made the duty of City Councils to lay out and maintain 
an adequate number of squares or areas of ground within 
"the limits of the said City, convenient of access to all its 
inhabitants, as open and public squares for the health 
and enjoyment of the people forever; 

And Whereas^ The property nov^ known as the Lemon 
Hill Estate, owned by the City, and lying within its 
limits, is convenient of access, and adapted by its many 
natural advantages to the ends contemplated by the pro- 
visions of the said Act relative thereto; therefore, 

Section 1. TJie Select and Common Councils of the 
City of Philadelphia do ordain. That the area of ground 
now known as the Lemon Hill Estate, situate on the east 
bank of the Schuylkill, northward of Eairmount, as the 
same is, by a certain indenture dated the twenty-fourth 
day of July, one thousand eight hundred and fifty-four, 
recorded in the office for recording deeds, etc., in Deed 
Book E. L. L. 'No. 20, page 663, conveyed to "The Mayor, 
Aldermen and Citizens of Philadelphia," therein fully 
described by metes and bounds, shall be, and the same is 
hereby devoted and dedicated to public use as and for a 
Park; and the said area of ground shall be called and 
known by the name of "Eairmount Park." 

^Ante, page 1. 



58 EESOLUTION OF APRIL 28. 1857. 



Resolution of April 28, 1857. Ordinances 1857, page 175. 

EESOLUTION" 

Resolved, By the Select and Common Councils of the 
City of Philadelphia: 

1. That the City of Philadelphia accept the generous 
gift of some of her citizens, of Sedgley Park Estate, sit- 
uate upon the hanks of the Schuylkill, north of Fair- 
mount Park, and containing within its limits thirty-three 
acres of ground. 

2. That these premises he, and they are hereby dedi- 
cated to the public use and enjoyment forever, as a park, 
in connection with and as a part of Eairmount Park. 

3. That the names of the donors be recorded in the 
Journals of Councils, and that a copy of the Journal, 
when printed, be sent to each of the donors. 



ORDINANCE OF JULY 11, 1860. 59 



Ordinance of July 11, 1860. Ordinances 1860, 'page 288. 

AN OUDINANC^ 

Selecting" an area of ground to be laid out and main- 
tained forever as an open public place for the health 
and enjoyment of the people, and also to preserve the 
purity of the Schuylkill water at Fairmount. 

Whereas, The small strip of ground lying betw^een the 
present Fairmount Park and Fairmount Square, has been 
included in the design adopted for the improvement of 
the Park, thus making (if owned by the City) a con- 
tinuous water front from the Wire Bridge to the north 
end of the Park, above the Spring Garden Water Works ; 

Ais^D WfiEEEAS, Should this strip not be obtained by 
the City, it may, and probably will, become a nuisance, 
by the erection of factories thereon, which will not only 
fill the water with impurities, and that immediately above 
the forebay, but also destroy the connection between Fair- 
mount and the Park, and make the access much less con- 
venient and imposing; now, therefore. 

Section" 1. The Select and Common Councils of the 
City of Philadelphia' do ordain, That by virtue and in 
pursuance of the authority vested in them by the fourth 
section of an Act of the General Assembly approved 
May 13, ISSY, they do select and appropriate the area 
of ground, which, according to an accurate survey thereof, 
is bounded as follows: All that certain tract or piece of 
land, situate on the northwesterly corner of Coates street 
and Landing avenue, in the Fifteenth Ward of the City 



go OEDINANCE OF JULY 11, 1860. 

of Philadelphia ; containing in front or breadth on the 
said Landing avenue six hundred and thirty feet, more 
or less, to the line of property of the City of Philadel- 
phia, and extending in length or depth southwesterly 
on the northwesterly line thereof at right angles with 
said Landing avenue about three hundred and two feet, 
more or less, into the river Schuylkill, and on the south- 
easterly line thereof along the northwesterly side of Coates 
street about two hundred feet, more or less, into the 
river Schuylkill. To be laid out and maintained forever 
as an open public place for the health and enjoyment ol 
the people. 

Sect. 2. That the City Solicitor be, and is hereby em- 
powered to negotiate, on behalf of the City of Philadel- 
phia, with John M. Ogden, H. C. Townsend and Eli 
K. Price, owner or owners of said ground by the first 
section hereof selected and appropriated, relative to the 
price thereof, and to report to Councils, as soon as may 
be, upon what terms the same may be acquired by the 
City of Philadelphia. 



OEDINANCE OF JUNE 28, 1864. Ql 



Ordinance of June 28, lS6Jf. Ordinances ISGJf, page 273. 

AN ORBmA'NCE 

Appropriating ground for public purposes. 

Wheeeas^ The drainage of the area of ground herein- 
after described by the reports of the Chief Engineer of 
the Water Department fills the water with impurities, 
and that immediately above the f orebay ; 

Ais^D Whereas^ The locality of said ground is eminently 
adapted for an addition to Fairmount Park; noAV, there- 
fore, 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain. That by virtue and in pursuance 
of the authority vested in them by the fourth section of an 
Act of the General Assembly approved May 13, 1857, 
they do select and appropriate the area of ground, which, 
according to an accurate survey thereof, is bounded as fol- 
lows: All that certain piece of ground in the Fifteenth 
Ward, beginning at the northwesterly corner of Coates 
street and Pennsylvania avenue ; thence extending westerly 
along the northwardly line of said Coates street to the 
southeasterly side of Landing avenue ; thence extending 
northwesterly along the said southeasterly side of Land- 
ing avenue to the line of property belonging to the City 
of Philadelphia; thence extending by the said line north- 
easterly to the northwesterly line of Pennsylvania avenue ; 
thence extending along the said line of Pennsylvania ave- 
nue to the place of beginning; to be laid out and main- 
tained forever as an open public place for the health 
and enjoyment of the people. 



62 OEDINANCE OF JUNE 28, 1864. 

Sect. 2. That it shall be tlie duty of the Chief En- 
gineer and Surveyor to furnish to the City Solicitor, 
as soon as may be, an accurate plan of the ground selected 
in the first section, together with the metes and bounds of 
each property herein contained, with the name of the owner 
thereof. 

Sect. 3. That the City Solicitor be, and he is hereby 
directed to file in the Court of Quarter Sessions in and 
for the City and County of Philadelphia, on behalf of 
said City, a petition, setting forth by proper metes and 
bounds the area of ground by the first section hereof se- 
lected and appropriated, praying said court to appoint 
a jury to assess the damages, as now provided by law. 



ORDINANCE OF FEBEUARY 15, 1867. 63 



Ordinance of February 15, 1867. Ordinances 1867, 

'page 32. 

AiST OEDII^A^CE 

To authorize the purchase of a certain tract of land in 
the Twenty-fourth Ward^, known as "The Lansdowne 
Estate." 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That the City Solicitor 
is hereby authorized and directed to examine the title 
to a certain tract of land situate on the west side of the 
river Schuylkill, between the Girard avenue bridge and 
the Columbia railroad bridge, in the Twenty-fourth Ward! 
of the City of Philadelphia; containing about one hun- 
dred and forty acres, more or less, known as "The Lans- 
downe Estate," and if he approve of the same, that he 
cause to be prepared a conveyance of the said tract of 
land to the City of Philadelphia in fee, the consideration 
therefor to be at the rate of six hundred dollars per acre. 

Sect. 2. That the sum of ninety thousand dollars be, 
and the same is hereby appropriated to the Mayor of the 
City of Philadelphia, or so much thereof as may be neces- 
sary for the purpose of paying the consideration money 
for the said tract of land and expenses of the transfer, 
the said amount to be reimbursed out of a loan to be here- 
after created. 

Sect. 3. The warrants for the same shall be drawn 
by the Mayor in conformity with existing ordinances. 
5 



64 OEDINANCE OF JUNE 28, 1867. 



Ordinance of June 28, 1867. Ordinances 1867, 'page 220. 

AE" OEDmAE^CE 

AjDpropriating certain ground on the east side of the river 
Schnylkill for the extension of Fairmonnt Park. 

Sectiojst 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That in pursuance of the 
sixth section of an Act appropriating ground for public 
purposes in the City of Philadelphia, approved the twen- 
ty-sixth day of March, A. D. 1S6Y, the Commissioners of 
Fairmount Park are hereby empowered and authorized, 
for the purpose of extending said Park, to take possession 
of all that piece of land, with the buildings thereon erected, 
situate on the east side of the river Schuylkill, and lying 
between the Spring Garden Water Works and the Co- 
lumbia bridge, and between the Reading Railroad and the 
river Schuylkill, in the said City, and that the said land 
shall be laid out and maintained forever as an extension 
of Pairmount Park, for the health and enjoyment of the 
people of said City, and the preservation of the purity of 
the w^ater supply of the City of Philadelphia. 



ORDINANCE OF MARCH 4, 1868. ' Q5 



Ordinance of March Jf., 1868, Ordinances 1868, page 88. 
A'N OEDI^^AXCE 

AjDj^ropriatiug ground for public purposes, pursuant to the 
Acts of Assembly empowering the City of Philadelphia 
so to do ; also defining the limits, and providing for the 
improvement of Tairmount Park, 

Sectioj^t 1. The Select and Common- Councils of //ic Boundaries 
City of Philadelphia do ordain. That Fairmount Park mount ^Parii 
shall consist of the area of water and of ground which is 
embraced within the following limits, to wit, beginning at 
a point in the northeasterly line of property owned and 
occupied by the Reading Railroad Company, near the city 
bridge over the river Schuylkill at the Falls, where said 
northeasterly line is intersected by the line dividing prop- 
erty of H. Duhring from that of F. Stoever and T. John- 
son, extending from thence in a southwesterly direction 
upon said dividing line and its prolongation to the middle 
of the Ford road ; from thence by a line passing through 
the southeast corner of Forty-ninth and Lebanon streets to 
George's Run ; thence along the several courses of said run 
to a point fourteen hundred and eighty-seven and a half 
feet from the middle of the Pennsylvania railroad, meas-' 
ured at right angles thereto ; thence by a straight line 
through the northeast corner of Forty-third and Hancock 
streets to the northerly side of Girard avenue near Fortieth 
street ; thence by the said northerly line of Girard avenue 
to the easterly side of the Junction railroad as now used; 
thence by the said easterly side of the Junction railroad and 
the Pennsylvania railroad to the north side of Haverford 



QQ ORDINANCE OF MARCH 4, 1868, 

street ; thence by the northerly side of said Haverford 
street to the westerly side of Bridgewater street ; thence 
by the said Bridgewater street to the north line of Bridge 
street; thence by said Bridge street to the west abutment 
of the Suspension bridge ; thence by the northwesterly side 
of the Suspension bridge and Callowhill street to the angle 
in said street, on the southwesterly side of Fairmount 
Basin; thence by the northerly side of Callowhill and 
Biddle streets to the westerly side of Twenty-fifth street; 
thence by the said Twenty-fifth street to the southwesterly 
side of Pennsylvania avenue ; thence by the said south- 
westerly side of Pennsjdvania avenue to the west side of 
Thirty-'third iStreet; thence along the westerly line of 
Thirty-third street to the southwesterly line of Ridge ave- 
nue ; thence along said Ridge avenue to the southwesterly 
line of South Laurel Hill Cemetery (north of Huntingdon 
street) ; thence by and along said property line to such a 
distance from the shore line of the river Schu^dkill as will 
permit the location of a carriage road one hundred feet 
wide upon its margin ; thence along the said river shore, 
and its several courses, as may be most practicable, at the 
same distance as above specified (provided said distance 
shall not exceed one hundred and fifty feet), to a point 
opposite the intersection of the Ridge turnpike and School 
lane ; thence northwardly to a point on the southwesterly 
side of said turnpike road, opposite to the southeasterly side 
of said School lane; thence by the southwesterly side of the 
Ridge turnpike road and its several courses to the south- 
easterly side of the Wissahickon creek ; thence by the sev- 
eral courses of the southeasterly side of Wissahickon creek 
to the Schuylkill river ; thence across the water course of 
said river to the northeasterly line of the Reading Railroad 
Company's property, as now occupied and in use, at the 
'city boundary line ; thence along said northeasterly line, as 
now occupied and used by said railroad company, to the 



OEDINANCE OF MARCH 4, 1868. g7 

place of beffinniiie;. Excepting, nevertheless, hereout the water 

^ & & r 07 . ^ ^ works ex- 

several water Avorks and their appurtenances, which are in- cepted. 
eluded within these boundaries, and such uses of the prem- 
ises inimediatelj adjacent to the same, and such other por- 
tions of the ground as are described in this section, as the 
city may from time to time require for the purposes of its 
Water Department;^ and saving the rights and franchises And also 

. . T^i .^ ^ franchises of 

of the Schuylkill Xaviffation Companv, and the Philadel- certain cor- 

■^ _ ^ _ . . porations. 

phia and Reading, Connecting and Junction Railroad Com- 
23anies, as now provided by law.- 

Sect. 2. That there shall be laid out and constructed a Roberts' 

Hollow 

road of easy and practicable grades, extending from the drive pro- 

•^ -■- . vided for. 

intersection of the northerly line of the Park by Belmont 
avenue, on the westerly side of the river Schuylkill, to the 
head of Roberts' Hollow ; and thence along the said hollow 
and the river Schuylkill to the foot of City avenue ; laid out 
with ground contiguous thereto for ornamentation, of such 
width and so constructed as the Commissioners of Fair- 
mount Park, appointed under authority of the act of the 
General Assembly of the Commonwealth, may determine. 
And the City of Philadelphia hereby declares its design 
and intent to make such road and its contiguous ground a 
part of the aforesaid Park; and it hereby authorizes said 
Commissioners to ascertain by proper survey, and report 
its boundaries, so that the same may be duly appropriated." 
And the said Commissioners shall in like manner lay out commis- 

■^ sioners shall 

and cause to be opened an avenue outside of and extend- i^J" °^t 

■*- boundary 

ing along so much of the boundary of the Park as is be-^'^^^"^^- 
tween the point of beginning in the description given in 

^See Act of April 14, 1868, Sec. 1, ante, page 8, wherein the 
same boundaries are defined by act of Assembly. 

^The franchises of the above corporations are also excepted by 
tne Act of April 14, 1868, Sec. 3, ante, page 11. 

^See Act of April 14, 1868, Sec. 2, ante, page 10, wherein the 
Eoberts' Hollow drive is provided for by act of Assembly. 



68 



ORDINANCE OF MAECH 4, 1868. 



Commis- 
sioners au- 
thorized to 
exercise au- 
thority over 
boundary 
avenues, and 
so much of 
Girard ave- 
nue as lies 
within the 
Park. 



Declaration 
of intention 
to appropriate 
shores of 
Wissahickon 
creek. 



Commis- 
sioners em- 
powered to 
define the 
appropriate 
limits of 
ground to be 
taken, and 
report to 
Councils. 



the first section of this Ordinance and Girard avenue; 
which new avenue shall not be less than one hundred feet 
in width; and in like manner on the easterly side of the 
river they shall lay out and cause to be opened a similar 
avenue, extending outside of and along the Park boundary, 
from the intersection of Thirty-third street and Pennsyl- 
vania avenue, northwardly and westwardly to the river 
Schuylkill. And the said Commission are hereby author- 
ized and empowered to exercise over the said new avenues, 
and also over so much of Girard avenue'^ as is included 
within the limits of the Park, such authorit}^ ■ as may be 
requisite for their proper laying out, decoration, and im- 
provement, and for their preservation as public highways 
adjacent to the Park.^ 

Sect. 3. The City of Philadelphia hereby declares its 
intention to appropriate the shores of the Wissahickon 
creek, on both sides of the same, from its mouth to such 
point as may hereafter be determined, by said Park Com- 
missioners, and of such width as may embrace the road 
now passing along the same, and may also protect the 
purity of the water of said creek, and preserve the beauty 
of the scenery upon its banks, so that the same may be 
hereafter added to Pairmount Park, and constitute a part 
of the same. And the said Commissioners of Pairmount 
Park are hereby authorized and empowered, with the aid 
of a proper survey, to define the appropriate limits of the 
ground proper to be taken for Park uses upon both shores 
of the Wissahickon, and to report the same for such definite 



^As a general proposition, but by no means nniversal, bridges 
are treated as portions of the highways which cross them, and are 
to be maintained by the same persons to whom the dutj^ of re- 
pairing the highways is committed : 18 P. F. Smith, 406. 

^So mncli of the above section as relates to the laying out and 
control of boundarjr avenues, has been modified by Sections 7 and 
8 of the Act of April 14, 1868, ante, pages 12 and 13. 



OEDINANCE OF MAECH 4, 1868. 69 

legislation thereon as may be requisite and proper for the 
Councils of the City of Philadelphia.^ 

Sect. 4. The City of Philadelphia in pursuance of the Area of land 

. T p ^^^ water 

several Acts of Assembly enablme; it so to do, and of any described 

■^ ° ' ■'in preceding 

and all Acts of the General Assembly of the Common- |^c^twns^^s^e^^^ 
wealth conferring such power upon it/ does hereby appro- p|j.|_ p^^iic 
priate and set apart forever the area of land and water 
comprised within the limits prescribed in the preceding 
sections of this ordinance, as an open public ground and 
Park for the preservation of the purity of the Schuylkill 
water, and of the health and enjoyment of the people for- 
ever.^ 

Sect. 5. That in addition to the powers conferred, bycommis- 
theAct of Assembly creating the Commission, upon the Com- thonzed to 

"^ ^ -^ _ _ take posses- 

missioners of Pairmount Park, the City of Philadelphia sion^of^ 
hereby authorizes and empowers said Commission to take p°"J^g^'|^'^ 
possession of so much of the ground contained within the t^^^exTrci^e^^ 
limits set forth in the preceding sections of this ordinance and improve 
as may be beyond the limits of the ground appropriated by 
or under the Act of Assembly establishing said Commis- 
sion, and to exercise over the same, as part of Fairmount 
Park, all the powers and authorities which are requisite 
for its appropriation, its laying out and adornment, as 
part of the Park f subject, nevertheless, to such aijpropria- subject to 

■^_ ' •> ' ' -1, -L J- such appro- 

tion as may, from time to time, be made for such purposes go\^Qc°i?s^ ^^ 
by the Councils of the City.'*^ "^^^ °^^'^«- 

"The appropriation of the shores of the Wissahickon creek, and 
the manner of defining the Park boundaries thereon, is provided 
for by the 2d Section of the Act of April 14, 1868, ante, page 10. 

'See ante, page 1. 

^See Act of April 14, 1868, ante, page 8. 

°See Act of March 26, 1867, Sec. 1, ante, page 3, and Act of 
April 14, 1868, Sec. 3, ante, page 11, and Sec. 5, ante, page 13, 
and Act of April 21, 1869, Sec. 8, ante, page 26. 

^"So much of the above section as relates to appropriations, is 
modified by the 4th and 5th Sections of the Act of March 26, 1867, 
ante, page 6, and by the 11th Section of the Act of April 14, 
1868, ante, page 14. 



70 OEDINANCE OF MAECH 4, 1868, 

commis. Sect. 6. That the said Commission be and they are 

sioners au- _ •' 

^^°Jou&te° hereby authorized and empowered to negotiate with the 
of^LndT"'^^^ owners of so much of the land included within the afore- 
said limits as is beyond the boundaries mentioned in the 
Act of Assembly establishing the Commission^ ^ and to 
agree with them if it be practicable as to the price of their 
land,^^ and if it is not practicable so to do, that the Law 
t?T ree^^^^ Department of the City be and the same is hereby author- 
m^ent^o^^^*' izcd and directed, upon the request of said Commission, to 
steps for^^'" take proper steps in the law for the ascertaining and adjust- 
damagTs^ ^ iug of the damages attending the taking of such land.^^ 

. "Act of March 26, 1867, ante, page 3. 

^^The same poAver is conferred upon the Commissioners by the 
Act of April 14, 1868, Sec. 26, ante, page 21. 

"The clause relating to the La'w Department is superseded by 
the 3d Section of Act of March 26, 1867, ante, page 4, and the 
5th Section of Act of January 27, 1870, ante, page 29. 



OEDINANCE OF JUNE 29. 1868. 7^ 



Ordinance of June 29, 1S6S. Ordinances 186S, page 281. 

KE Om^lE KEGE 

To authorize tlie pnrcliase of a certain tract of land on 
the west side of the Schnylkill river, in the Twenty- 
fourth Ward, and to make an appropriation therefor. 

Section 1. The Select and Common Councils of the 
City of Philadelphia, do ordain, That the City Solicitor 
is hereby authorized and directed to examine the title 
to a certain tract of land situate on the west side of the 
river- Schuylkill, bounded by the Columbia bridge, Mont- 
gomery avenue, Fortieth street, and Columbia avenue, 
in the Twenty-fourth Ward of the said City; containing 
about four acres and fifty-five perches. And if he ap- 
prove of the same, that he cause to be prepared a con- 
veyance of the said tract of land to the City of Phila- 
deli^hia in fee simple. The consideration money therefor 
to be the sum of twelve thousand and two hundred dol- 
lars. Said tract to be within the limits of Fairmount 
Park, but subject to the use and direction of the Water 
Department as far as required for engine houses, engines, 
forcing pumps, etc., to drive the water into Belmont basin, 
with the restriction that nothing combustible shall be 
erected or deposited within one hundred feet of the Co- 
lumbia bridge. 

Sect. 2. That the sum of twelve thousand two hun- 
dred dollars be, and the same is hereby appropriated to 
the Mayor of the City of Philadelphia for the purpose of 



72 OEDINANCE OF JUNE 29. 1868. 

paying the consideration money for the said tract of land 
described in the first section hereof, and that the said 
amount shall he reimbursed from a loan to be created 
for the further extension of Fairmount Park, and for the 
improvement thereof. 

Sect. 3. Warrants for the same shall be drawn by 
the Mayor in conformity with existing ordinances. 



EESOLUTION OF JANUARY 24, 1871. 73 



Resolution of January 21^, 1871. Ordinances 1871, 
■page 8. 

KESOLUTIOI^ 

Of request to the Commissioners of Fairmount Park and 
to tlie Legislature. 

Resolved hy the Select and Common Councils of the City 
of Philadelphia, That the Commissioners of Fairmount commis- 

-T-«ii 1 •i'i-r->i-ii sioners re- 

Park be requested to construct withm the Park suitable quested to 

-^^ _ . construct 

iire-proof buildings for a public art gallery and museum ^'^^^f^'p^j. 
for free exhibition at all times. 



74 OEDINANCE OF JUNE 1, 1893. 



Ordinance of June 1, 1892. Ordinances 1892, 'page. 237. 

KE Om^TEKECE 

To accept the devises and bequests under the will of Anna 
H. Wilstach for the nse and benefit of the Commis- 
sioners of Eairmonnt Park. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That the City of Philadel- 
phia hereby accepts the trust created, devised and be- 
queathed to said city under the will of Anna H. Wilstach, 
deceased, on behalf and for the use and benefit of the Com- 
missioners of Pairmount Park ; the estate and property so 
devised and bequeathed to be placed in the possession and 
under the care and custody, control and management of 
said Commissioners, in accordance with the terms and con- 
ditions and trust stipulated for and created by the said 
testatrix (pp. 8, 9, 10, 15, 33, 34 of the will as printed for 
the estate). 



ORDINANCE OF OCTOBER 15, 1900. 75 



Ordinance of October 15, 1900. Ordinances 1900, 
page 252. 

A'N OllDl'NA'NCE 

Selecting a certain triangular piece of ground as an open 
public place for the health and enjoyment of the people. 

SECTioiq" 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That by virtue and in pur- 
suance of the authority vested in them by the fourth sec- 
tion of an Act approved May 13, 1857, they do select and 
appropriate the area of ground lying between Spring Gar- 
den street, Twenty-fifth street and Pennsylvania avenue, to 
be laid out and maintained forever as an open space for the 
health and enjoyment of the people. 

Sect. 2. The City Solicitor is hereby directed to file in 
the Court of Quarter Sessions a petition on behalf of the 
City setting forth the ground herein appropriated, to the 
end that the Court shall appoint a jury to assess the dam- 
ages as provided by law. 

Sect. 3. That the care, management and maintenance 
of the ground hereinbefore selected is hereby committed to 
the Commissioners of Fairmount Park, who shall exercise 
the power and authority over the same as by existing laws 
they now have over Fairmount Park. The expense thereof 
to be chargeable to the annual appropriations made by the 
Councils to the said Commissioners. 



76 OEDINANCE OF DECEMBER 4, 1901. 



Ordinance of December Jf, 1901. Ordinances 1901, page 

303. 

A-E OEDHsTAl^rCE 

Selecting a certain ^^ieae of ground adjoining Fairmount 
Park as an open public place for tlie health and enjoy- 
ment of the peojole. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That by virtue and in 
pursuance of the authority vested in them, by the fourth 
section of an Act approved May 13, 1857, they do select 
and appropriate the following areas of ground : 

jS^o. 1. — All that certain lot or piece of ground situate 
in the Twenty-fourth Ward of the City of Philadelphia. 
Beginning at the southeast corner of Windermere avenue 
and Duhring (or Steinberg) avenue; thence southeastward 
along the northeast side of Duhring (or Steinberg) avenue 
on a line bearing south 65 degrees 48 minutes east 7Y9 
feet 10^ inches; thence north 71 degrees 25 minutes east 
1,269 feet 6f inches to a point in the boundary line of 
Pairmount Park as designated by Act of Assembly ; thence 
by said line north 33 degrees 6 minutes east 57 feet 9|- 
inches to the southwest side of Windermere avenue as the 
same is laid down upon the confirmed City plan; thence 
northwestwardly along the southwest side of said avenue 
on a curve whose radius is 759 feet a distance of 713 feet 
2-J inches to a point of tangent in said avenue ; thence 
southwestward along the southeast side of said Winder- 
mere avenue on a line bearing south 76 degrees 10 minutes 



OEDINANCE OF DECEMBER 4, 1901. 77 

and 5 seconds west 1,292 feet ^ an incli to the place of 
beginning. Containing 14 72-100 acres. 

jS^O. 2.— All that certain lot or piece of ground situate 
in the Twenty-fourth Ward of the City of Philadelphia. 
Beginning at a point in the middle of the Falls road in 
line of land dividing this from land now or late of the 
Philadelphia Country Club; thence north 32 degrees 19 
minutes east along the middle of the said Falls road 188 
feet 3f inches to an angle in said road; thence north 
30 degrees 6 minutes east still along the middle of the 
said Palls road 278 feet 5f inches to a point in line of 
land now or late of Kubicams; thence south 71 degrees 
25 minutes west 689 feet 7-| inches to a point in line of 
land now or late of the Philadelphia Country Club; 
thence by said land south 6G degrees 26 minutes east 
450 feet llf inches to the place of beginning. Con- 
taining 2 419-1000 acres. 

JSTo. 3. — All that certain lot or piece of ground situate 
in the Twenty-fourth Ward of the City of Philadelphia. 
Beginning at a point in the middle of Falls road in line 
of land dividing this from land now or late of the Phila- 
delphia Country Club; thence north 32 degrees 19 
minutes east along the middle of the said Falls road 188 
feet 3f inches to an angle in said road; thence north 30 
degrees 6 minutes east still along the middle of the said 
Falls road 278 feet 5|- inches to a point in line of land 
now or late of Rubicams; thence north 71 degrees 25 
minutes east 579 feet lOf inches to the boundary line of 
Fairmoimt Park by Act of Assembly; thence south 33 
degrees 6 minutes west along said line 863 feet lOf 
inches to a point; thence north 66 degrees 26 minutes 
west 347 feet 2|- inches to the place of beginning. Con- 
taining 5 386-1000 acres. 

To be laid out and maintained forever as open spaces for 
the health and enjoyment of the people. 



78 ORDINANCE OF DECEMBEE 4, 1901. 

Sect. 2. Tliat the City Solicitor is hereby directed to 
file in the Court of Quarter Sessions a petition on behalf of 
the City, setting forth the ground herein appropriated to 
the end that said Court shall aj^point a jury of viewers 
to assess the damages as provided by law. 

Sect. 3. That the care, management and maintenance 
of the ground hereinbefore selected is hereby committed 
to the Commissioners of Fairmount Park, who shall exer- 
cise the power and authority over the same as by existing 
laws they now have over Fairmount Park. 



OEDINANCE OF MAECH 16, 1911. 79 

Ordinance of March 16, 1911. Ordinances 1911, page JiJi. 

KE oedi^^a:n"ce 

To provide for the construction, installation and mainte- 
nance of a public aquarium and museum in the Fair- 
mount Water Works, buildings and fore-bay, and to 
transfer the control of the said buildings and the ma- 
chinery therein and site to the Department of the 
Mayor, ^ and to sell so much of the said machinery as 
is not needed for aquarium purposes. 

Wheeeas^ It is desirable that there be established a pub- 
lic aquarium and museum for the pleasure of the people 
and instruction in the life history of aquatic animals, and 
the Fairmount Water Works in Fairmount Park is de- 
clared by the Honorable the Commissioner of Fisheries of 
the Commonwealth of Pennsylvania well adapted for such 
an institution; and 

Whereas^ Under a joint resolution of the Legislature of 
Pennsylvania, approved the second day of April, A. D. 
1905, the collection of mounted specimens of fish and ani- 
mals and the tanks used by the Department of Fisheries of 
the State at its exhibit at the World's Pair, St. Louis, in 
1904, were donated to the City of Philadelphia for use as 
an aquarium, and the Commissioner of Fisheries was au- 
thorized to supply living Pennsylvania fishes for the same ; 
and 

Whereas, The Fairmount Water Works are no longer 
needed for the purpose of supplying the City with water, 

^By Ordinance of March 29, 1912, the construction, equipment 
and maintenance of the aquarium were committed to the Com- 
missioners of Fairmount Park. 

6 



80 OEDI]\\\NCE OF MAECH 16, 1911. 

and it is desirable that the beautiful buildings, together 
with the standpipe or water tower, be preserved for all 
time as a fine examjile of the earlier architecture and 
methods of suiDpljing water to the people of Philadelphia ; 
therefore 

Sectio]^ 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That the buildings known 
as the Fairmount Water Works in Fairmount Park, the 
standpipe or water tower, the Greaves' Mansion, and the 
fore-bay of the said Water Works, and one turbine wheel 
and j)ump and all water pipes connected therewith be, and 
the same are hereby transferred from the Department of 
Public Works, with the consent of the Commissioners of 
Fairmount Park, to the Department of the Mayor, for the 
purpose of a public aquarium and museum, the Water 
Works building to be occupied by tanks and pools for the 
display of living fish and salt water fishes, and other 
aquatic animals ; the Greaves' Mansion as a biological 
laboratory and museum for the display of objects relating 
to fish and the fisheries, for the exhibit of fresh and salt 
water fishes and other aquatic animal life, and for the pur- 
pose of free lectures on aquatic and other scientific sub- 
jects to the public and especially to public school children; 
and the standpipe or water tower and the fore-bay for the 
storage and utilization of the needful water supply. 

Sect. 2. That before any work shall be begun on the 
said aquarium and museum the Department shall call on 
the Commissioner of Fisheries of the Commonwealth of 
Pennsylvania, Hon. William E. Meehan, for advice and 
assistance in the drafting of plans, construction, installa- 
tion and ojoeration of the same, and the said William E. 
Meehan, Commissioner of Fisheries, shall be requested to 
oversee and manage the said aquarium and museum sub- 
ject to the approval of the Department of the Mayor, until 



OEDIXAXCE OF MARCH 16, 1911. 81 

it is completed, but he sliall not be considered an employee 
of the City of Philadelphia or receive any salary. 

Sect. 3. The said Department is hereby authorized to 
sell, at the best prices obtainable, all the pumps and ma- 
chinery now in the said Water Works, except one turbine 
wheel, one pump and such other of said machinery as is 
needed for the said aquarium, and pay the proceeds thereof 
to the City Treasurer, who shall keep a separate account 
thereof, it being the intention of Councils to hereafter ap- 
propriate and devote the said proceeds to pay for the con- 
sti'uction, installation and maintenance of the said aqua- 
rium and museum. 

Sect. 4 The Bureau of Water is authorized at the re- 
quest of the said Department to supply sufficient filtered 
water for the said aquarium and museum. The Electrical 
Bureau is hereby authorized to wire and install electric 
lighting apparatus and light the said building at the cost 
of the City, and the Bureau of Gas is hereby authorized 
to order the installation of proper gas fixtures therein and 
supply gas to the same at the cost of the City. 

Sect. 5. The public aquarium and museum, when coni- 
l^leted, shall be under the control and direction of the De- 
partment of the Mayor,^ and its maintenance be subject to 
appropriations by the City Councils. 

-Ante, note 1, page 79. 



32 ORDINANCE OF APRIL 10, 1911. 



Ordinance of April 10, 1911. Ordinances 1911,, page 127. 

K^ OEDIISTAISTCE 

To set aside the Fairmount Reservoir, in Fairmoimt Park,, 
as a site for the erection of an Art Gallery, and appro- 
priating to the Park Commissioners the sum of two 
hundred thousand (200,000) dollars for the erection 
and construction of a public Art Gallery thereon. 

Whereas, It has been deemed advisable that the site 
formerly occupied by the old Fairmount Park Reservoir 
be set aside as a site for the erection of a public Art Gal- 
lery; and 

Whereas : The sum of two hundred thousand (200,000). 
dollars is now available for the construction of the said 
Art Gallery, and it is important that the work of construc- 
tion be begun at an early date. 

Section" 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That all that tract or plot 
of ground known as the Pairmount Reservoir, situate near 
the intersection of Twenty-fifth and Spring Garden streets, 
in the City of Philadelphia, and belonging to the City of 
Philadelphia and used by the Department of Public Works, 
(Bureau of Water) be transferred and placed under the 
control and management of the Commissioners of Fair- 
mount Park, for the use of the City of Philadelphia as 
a site for a public Art Gallery, and that the sum of two- 
hundred thousand (200,000) dollars authorized by the 
loan of eleven million two hundred thousand (11,200,000) 



OEDINANCE OF APEIL 10, 1911. 33 

dollars approved June IT, 1898, with the amendments 
thereto, be appropriated to Item 24 in the annual appro- 
priation to the Commissioners of Fairmount Park, for 
the erection and construction of said Art Gallery. 



84 EESOLUTION OF JULY 13, 1911. 



Resolution of July 13, 1911. Ordinances 1911, -page 26^. 

EESOLUTIO^ 

Accej)ting the provisions of the act entitled ^'An Act to 
provide for the planting and care of shade-trees on high- 
vp'ays of townships of the first class, boroughs, and cities 
of the Commonwealth of Pennsylvania, and providing 
for the cost thereof," approved May 31, A. D. 1907, 
and suspending Joint Rule JSTo. 30 of the Select and 
Common Councils. 

Resolved, By the Select and Common Councils of the 
City of Philadelphia, That the City of Philadelphia 
hereby accepts the provisions of the act entitled "An Act 
to provide for the planting, and care of shade-trees on 
highways of townships of the first class, boroughs, and 
cities of the Commonwealth of Pennsylvania, and i3ro- 
viding for the cost thereof," approved May 31, A. D. 
1907,^ and that Joint Rule ISTo. 30 of the Select and Com- 
mon Councils is hereby suspended to enable the Clerks of 
Councils to present this resolution to the Mayor for his 
approval or disapproval. 

^Ante, page 47. 



OEDINANCE OF JULY 27, 1911. §5 



Ordinance of July 21 , 1911. Ordinances 1911, page 296. 

KE OEDI^^A^TCE 

Appropriating certain tracts of ground in tlie Twenty- 
second Ward as a park and open place for the liealth 
and enjoyment of the people, and placing said ground 
in the custody and management of the Commissioners 
of Faimiount Park. 

SscTiOisr 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That hy virtue and in the 
pursuance of the authority vested in them by the Fourth 
Section of an Act of Assembly, approved May 13, 1857, 
they do select and appropriate for park purposes, and for 
the health and enjoyment of the people forever, the fol- 
lowing tracts of ground in the Twenty-second A¥ard : All 
that certain triangular lot or piece of ground, situate in 
the Twenty-second Ward of the City of Philadelphia: 
Beginning at a point at the intersection of the southwest 
side of Wayne avenue (80 feet wide), and the northwest 
side of Cliveden avenue (80 feet wide) ; thence along the 
northwest side of Cliveden avenue 62.388 feet to the 
northeast side of Lincoln avenue (80 feet wide) ; thence 
along the northeast side of Lincoln avenue by a curve to 
the right, whose radius is 1,758.183 feet, 93.968 feet to 
the southwest side of Wayne avenue ; thence along the 
southwest side of Wayne avenue 71.720 feet to the place 
of beginning. Containing 0.527 acres. 

All that certain lot or piece of ground, with the mes- 
suage or tenement thereon erected, situate in the Twenty- 



86 OEDINAlSrCE OF JULY 27, 1911. 

second Ward of the City of Philadelphia : Beginning at 
a 23oint at the intersection of the southwest side of Wayne 
avenue (80 feet wide) and the northwest side of Johnson 
street (50 feet wide) ; thence along the northwest side of 
Johnson street 303.656 feet to the north side of Lin- 
coln avenue (80 feet wide) ; thence along the north side 
of Lincoln avenue, by a curve to the right, whose radius 
is 1,Y58.183 feet, 346.345 feet to the southeast side 
of Cliveden avenue (80 feet wide) ; thence along the 
southeast side of Cliveden avenue 92.876 feet to a point 
of curve; thence by a curve to the right, whose radius 
is 32.612 feet, 50.486 feet to the southwest side of Wayne 
avenue ; thence along the southwest side of Wayne ave- 
nue 268.231 feet to the place of beginning. Containing 
1.517 acres. 

All that certain lot or piece of ground, situate in the 
Twenty-second Ward of the City of Philadelphia: Be- 
ginning at a point in the intersection of the northwest side 
of Johnson street (50 feet wide) and the southwest side 
of Lincoln avenue (80 feet wide) ; thence extending along 
the southwest side of Lincoln avenue by a curve to the 
right, whose radius is 1,838.183 feet, 341.491 feet to the 
southeast side of Cliveden avenue (80 feet wide) ; thence 
along the southeast side of Cliveden avenue 118.855 feet 
to a point; thence by a curve to the left, whose radius is 
1,938.183 feet and which is parallel to Lincoln avenue 
and 100 feet distant therefrom, 336.480 feet to the north- 
west side of Johnson street ; thence along the northwest 
side of Johnson street 108.180 feet to place of beginning. 
Containing 0.778 acres. 

Sect. 2. That the Mayor is hereby authorized and di- 
rected to enter security in the name of the City of Phila- 
delphia for the payment of any damages that may be 
awarded by reason of the taking of the said ground, and 



OEDINANCE OF JULY 27, 1911. 87 

thereupon possession of the same shall be taken for public 
use, and the City Solicitor shall begin and conduct the 
proper proceedings in the Court of Quarter Sessions for 
the assessment of damages for the said taking. 

Sect. 3. That the ground taken by this ordinance is 
hereby transferred to the custody of the Commissioners of 
Tairmount Park, to be controlled and managed by said 
Commissioners as an open public place for the health and 
enjoyment of the people, subject to such regulations as 
said Commissioners shall adopt. 



88 ORDINANCE OF FEBRUAEY 17, 1912. 

Ordinance of Feb. 17, 1912. Ordinances 1912, page 8. 

K^ OE.Di:^ANCE 

Making it the duty of the Director of the Department of 
Public Works to study and develop Comprehensive 
Plans for the future development of the City of Phila- 
delphia; providing for the appointment and regulating 
the powers, duties and procedure of a Permanent Com- 
mittee on Comprehensive Plans to advise, assist and 
co-operate with the Director of the said Department, 
and making an appropriation for the payment of the 
salaries of the employees and the maintenance of the 
said Committee. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That it shall be the duty 
of the Director of the Department of Public Works to 
study, plan, suggest and develop Comprehensive Plans for 
the future development of the City of Philadelphia. 

Sect. 2. A Permanent Committee on Comprehensive 
Plans to advise, assist and co-operate therein with the Di- 
rector of the Department of Public Works shall be created. 
The Mayor shall be ex-ojficio a member of the said Com- 
mittee, which shall in addition consist of the Director 
of the Department of Public Works, ex-officio, the Chief 
of the Bureau of Surveys, ex-officio, the Presidents of 
the Select and Common Councils, ex-offic'io, the President 
of the Pairmount Park Commission, ex-offi,cio, the Chair- 
man of the Finance Committee of Councils, ex-officio, and 
of ten citizens who shall be appointed by the Mayor. The 
terms of the ten citizens first appointed shall end on the 



OEDINANCE OP FEBRUAEY 17, 1912. §9 

first Monday in December, 1913, and thereafter tlie term 
of the appointive members of the said Committee shall 
be for two years. The Committee shall organize im- 
mediately npon the appointment of its members; it shall 
make such rules and regulations as may be deemed nec- 
essary for the purposes for which it is appointed and 
shall hold stated or special meetings at such times or on 
such notice as it may by resolution provide. The Mayor 
shall be the Chairman of th.e said Committee and preside 
at all meetings. Minutes of the meetings of the Com- 
mittee shall be kept and permanently recorded. 



Sect. 3. The duties of the said Committee are to act 
as an Advisory Board to the Director of the Department of 
Public Works, and to advise and suggest to the Mayor and 
the Director such plans or suggestions for the physical 
and material improvement of the City as may seem to the 
said Committee proper and best adapted for the future 
development of the City along comprehensive lines. The 
said Committee for this purpose shall have power to sug- 
gest changes in existing plans, and from time to time sug- 
gest the adoption or develop further plans for suggestion. 
'No rule, regulation, power or act of the Committee shall 
in any wise conflict with or usurp the powers or duties 
vested by law in any Department or Bureau of the City 
Government as at present established, but the said Com- 
mittee is solely empowered to act as an Advisory Com- 
mittee, offering suggestions for consideration by the proper 
executive ofiicials whose duty it would be to carry out such 
suggestions if deemed advisable and legally authorized. 

Sect. 4. The Director of the Department of Public 
Works is empowered to appoint a secretary of the Com- 
mittee on Comprehensive Plans at a salary of two 
thousand five hundred (2,500) dollars per annum, said 



90 ORDINANCE OF FEBEUAEY 17, 1912. 

appointment to date from January 1, 1912, and to appoint 
civil, mechanical, hydraulic, sanitary, landscape, archi- 
tectural and consulting engineers, gardeners, architects, 
experts, advisers, assistants and such other employees as 
may be necessary to further the object for which the said 
Committee is created. 

Sect. 5. There is hereby appropriated to the Depart- 
ment of Public Works (Director's Office) : To Item 6, for 
the Committee on Comprehensive Plans, for the year 1912, 
for the salary of the secretary, two thousand five hundred 
(2,500) dollars; for salaries of engineers, experts, and 
other employees, as above enumerated, six thousand five 
hundred (6,500) dollars; and for postage, transportation, 
hire of vehicles, cleaning offices, telephone, telegraph and 
messenger service, books, periodicals, stationery and other 
incidental expenses, one thousand (1,000) dollars; total, 
ten thousand (10,000) dollars. 

Sect. 6. All ordinances or parts of ordinances incon- 
sistent herewith be and the same are hereby repealed. 



OEDINANCE OF JULY 10, 1856. g± 



HUNTING PARK 



AND 



LEGACY OF ELLIOTT CRESSON 



Ordinance of July 10, 1856. Ordinances 1856, 'page 177. 

KE ORDIl^A^CE 

Relating to " Hiuiting Park," in the Twenty-third Ward, 
of the City of Philadelphia. 

Section" 1. The Select and Common Councils of the 
Citif of Philadelphia do ordain. That all that certain tract, Boundaries 

, ^ ^ . . . of Hunting: 

piece or parcel of ground, situate in the Twenty-third Ward Park de- 
of the City of Philadelphia, commencing at a point in the 
easterly line of the Old York road, now called York avenne, 
and the middle of ISTicetown lane (formerly thirty-three 
feet wide, and now increased to the width of sixty feet by 
the addition of thirteen feet six inches on each side, as 
agreed upon by the owners of property on each side there- 
of) ; thence along the middle of said ISTicetown lane south, 
sixty degrees east, eighty-three perches and forty-seven 

hundredths of a perch to a point ; thence by land of 

, north, thirty degrees east, thirty-one perches and 

seven-tenths of a perch to a corner; thence by land of 

, north, twenty-seven degrees five minutes 

west, eighty-six perches and two-tenths of a perch to a cor- 



92 



ORDINANCE OF JULY 10, 1856. 



Sale of in- 
toxicating 
liquors and 
mercbandise 
prohibited. 



Penalty for 
so doing. 



How re- 
covered. 



Commis- 
sioner of 
City Prop- 
erty required 
to cause said 
Paris to be 
laid out, 
under cer- 
tain restric- 
tions. 



ner ; thence by land of the said Jacob Steinmetz, north, one 
and one-half degrees east, twenty-six perches and eight- 
tenths of a perch to a corner ; thence by the same west forty- 
five perches and eight-tenths of a perch to the easterly line 
of the York avenue aforesaid ; thence along said easterly 
line of said York avenue south, two degrees twenty-five 
minutes west, eighty-nine perches and twenty-nine hun- 
dredths of a perch more or less to the place of beginning; 
containing about forty-three acres twenty-one and two- 
tenths square perches of land, the which premises were 
generously given to the City of Philadelphia by several of 
her citizens, as a free gift, to be used as a public park, 
free of access for all the inhabitants of the city, and 
for the health and enjoyment of the people, forever, be 
and the same is hereby devoted and dedicated to public use 
as and for a Park, and the said area of ground shall be 
called " Hunting Park" 

Sect. 3. It shall not be lawful for any person or persons 
to sell or dispose of intoxicating liquors, or of merchandise 
of any kind whatsoever, within the boimdaries of said 
Park ; and if any j^erson shall offend against the provisions 
of this ordinance, he or she so oifending shall forfeit and 
pay for each offence the sum of twenty dollars, which 
penalty shall be sued for before any alderman of the City 
of Philadelphia, and the same being recovered, the informer 
shall be entitled to the one-half part thereof. 

Sect. 3. It shall be the duty of the Commissioner of 
City Property to cause the said Park to be laid out by 
some suitable and competent person, who shall be approved 
by the joint special Committee of Councils having charge 
of this subject, and upon such plan as the said Committee 
may, in conjunction with the Committee of the donors, 
consent to and approve ; the said Committee shall report 
to Councils such plan and cost of same. And he shall 



OEDINANCE OF JULY 10, 1856. 93 

rIso, subject to the like supervision and approval, cause 
the same to be planted with suitable and appropriate trees, 
and otherwise prepared for its future uses. 

Sect. 4. That the sum of four thousand dollars be and ^pp^p^^-j.^^ 
the same is hereby appropriated to meet the expenses which *°^* 
may be incurred in the execution of this ordinance, the 
same to be in lieu of any previous appropriation to this 
purpose. 



94 ACT OF MAY 15, 1871. 



Ad of May 15, 1871. P. L. 873. 



AIS^ ACT 

Enlarging the duties and powers of tlie Commissioners of 
Fairmonnt Park, by requiring them to take charge of 
Hunting Park in the City of Philadelphia, and of the 
legacy of Elliott Cresson, providing for the planting 
of trees in said ctiy. 

Sectiois' 1. Be it enacted hy the Senate and House of 

Representatives of the Commonwealth of Pennsylvania in 

General Assemhly met^ and it is hereby enacted hy the 

Care of Unn- authority of the same. That the care and management of 

ting Park -^ ■' . ^ 

transferred Hnntinff Park, in the City of Philadelphia, is hereby trans- 

to Commis- o ? J x ? ^ 

Fail-mount fen'ed and committed to the Commissioners of Eairmount 

Park. Park, who shall be and they are hereby authorized and re- 

To lay out, quircd to take charge of the same, and lay out, enclose, 

and adorn plant, and adorn the same ; and who shall possess and exer- 

the same. . , ,., , , . . . . -, 

And to exer- cise the like powcrs and authorities, m every particular, 

cise like . ^ ^ ^ , . 

powers over Qygp -j-j^e gaid Huntiiiff Park, as now by existing laws, or 

the same as o . ; j o 7 

ovi? Falr"^^ hereafter by such as may be passed, they now have, or may 
mount Park, j^ereaftcr come to have, over Eairmount Park, in the City 
of Philadelphia. * 

Commis- Sect. 2 It shall and may be lawful for said Commis- 

sioners may 
lay out an sioiicrs to survcy, locate, lay out and establish an avenue,^ 

avenue from j 5 ; j ^ 

Pa?k''to which shall not be less than one hundred feet in width, 

Fai^rmount ^j^-^j^ gj^^jj extend from Hunting Park to Eairmount Park, 

connecting the two Parks with each other, at such points 

'See Act of April 4, 1872, Sec. 1, post, page 97. 



ACT OF MAY 15, 1871. 95 

as the Commissioners aforesaid may think best ; and all Land re- 

Quired, there— 

and sin2:ular the provisions of existino; laws relatino- to for shaii be 

^ -^ , "^ , , "^ acquired 

Fairmonnt Park, concernino- the mode of acquiring idos- under laws 

' o 1 o a. pertaining to 

session of land and of the title to land, are hereby ex-^^^^^^^^^qmsi- 
tended to the land and property necessary, in the judgment mounf Park, 
of said Commission, to be required in order to the laying shaii Ye^'T^ 
out and establishment of said avenue ; the said avenue shall and shaii 'be 

under ttie 

be laid out, paved and adorned as a Park road by said control of 

•^ _ _ "^ the Commis- 

Commissioners, and shall be under their police control and sioners. 
supervision. 

Sect. 3. That for the purpose of squaring the said Hunt- commis- 
ing Park, and making the same more suitable in shape for may make 

excli3,xi*^6s of 

use as a Park, the Park Commissioners may ne^'otiate with land for the 

'-' , purpose of 

the owner of around on the east side of said Huntins; Park squaring said 

° ° Park before 

and south side of Bristol street, and acquire the title to ^^^l^Ysii 
area of ground, at least as large as all that part of the said 
Hunting Park situate north of the line of said Bristol 
street, which latter ground shall" be given in exchange for 
the ground so acquired east of the said Hunting 
Park and south of said Bristol street, and a deed 
or deeds so agreed to be .given in even exchange 
to the person entitled to receive the same, shall be 
executed by the Mayor of the City of Philadelphia when- 
ever he shall be requested so to do by the Park Commis- 
sioners ; and the said exchange to be made on or before the 
first day of January, one thousand eight hundred and 
seventy-two. - 

Sect. 4. It shall be the duty of the Councils of the City councils 

J, T-,, •! 1 1 1 • r- / • • 1 f •\ shall provide 

01 Philadelphia from time to time, on the request oi said such moneys 

. . . ^ as the Com- 

Commissioners to provide such moneys as the said Commis- missioners 

'- '' may require. 

sion may require for the j)roper execution of the duties im- 
posed upon them by this act. 

"See Sec. 2 of the Act of April 4, 1872, post, page 98. 
7 



96 



ACT OF MAY 15, 1871. 



Care of the 
Elliott Cres- 
son legacy 
transferred 
to the Park 
Commis- 
sioners. 



Sect, 5. The care and mauagement of the legacy^ made 
to the City of Philadelphia by the late Elliott Cresson of 
the sum of five thousand dollars, the income of which is 
to be applied to the planting of shade trees in said city, in 
accordance with the ]3rovisions of his will, is hereby as- 
signed, appointed, and transferred to the Commissioners of 
Fairmount Park, w^ho are hereby authorized and di- 
rected to receive, execute and discharge the said trust, 
and to whom the City of Philadelphia is hereby authorized 
to pay over any accumulation of interest and income now 
existing, and such as from time to time accrues for that 
purpose. 



^Extract from the will of Elliott Cresson, deceased. "Item. I 
give and bequeath to the Mayor and Councils of Philadelphia the 
sum of $5,000 in trust, as a perpetual fund, the income from which 
I desire shall be annually forever expended in planting and re- 
newing shade trees, especially in situations now exposing my 
fellow citizens to the heat of the sun — desiring that due care be 
taken to select the best varieties of fine trees, and excluding such 
foreign trash, as the Lombardy Poplar, Ailanthus, Paper Mulberry 
and similar exotics."' This is a good charitable bequest : 6 C. 
437. 



ACT OF APEIL 4, 1873. 97 



Ad of April Jf, 1872. P. L. 900. 

A SUPPLEMElSi T 

To an act, entitled "'" An act enlarging the clnties and powers 
of the Commissioners of Fairmonnt Park, by requiring 
them to take charge of Hunting Park, in the City of 
Philadelphia, and of the legacy of Elliott Cresson, pro- 
viding for the planting of trees in said city." 

Wheeeas^ By the second section of the act to which this preamble, 
is a supplement, it is enacted that it shall and may be law- 
ful for said Commissioners to survey, locate, lay out and 
establish an avenue Avhich shall not be less than one hundred 
feet in width, which shall extend from Hunting Park to 
Eairmount Park, et cetera; now therefore, 

Sectioi*}' 1. Be it enacted hy the Senate and House of 
Representatives of the C ommo7nvealth of Pennsylvania in 
General Assembly metj, and it is hereby enacted hy the 
authority of the same. That the said Commissioners of p^j-k com- 
Eairmount Park be authorized in their discretion, andmay^open^ 
they are hereby authorized to open, within a reasonable instead of 

. " ■, ■, -, . 1 -r> • 1 the avenue 

time, the street known as, or designated, Joristoi street, on authorized 

. . . . ' by the 2d 

the plan of the City of Philadelphia, from Hunting Park to section of 
Eairmount Park, in the place and stead of the avenue au-^^a^^ i^, 
thorized by the said second section^ of the said act to be 
located, laid out and established ; and that all and singular, Land re- 
the provisions of existing laws relating to Eairmount Park, said street, 
concerning the mode 01 acquiring possession 01 land, and quired, 
of the title to land, are hereby extended to the land and 

^See Act of May 15, 1871, Sec. 2, ante, page 94. 



98 



ACT OF APRIL 4, 1872. 



road. 



Commis- 
sioners may 
make ex- 
change of 
land to 
square 
Hunting 
Park before 
July 1, 1S73. 



property necessary, in the judgment of said Commissioner.^, 

to be required in order to the opening of said street ; the 

said street may be opened, macadamized, adorned and kept 

Shall be kept in repair as a Park road by said Commissioners, and shall 

as a Park , - . . 

be under their police control and supervision. 

Sect. 2. That in order to square the said Hunting Park, 
and to make the same suitable and more attractive in shape 
for the purposes of a Park, the said Commissioners may, in 
their discretion, negotiate with the owner of ground on the 
east side of Hunting Park and the south side of Bristol 
street, and may acquire the title to an area of ground as 
large as all that part of the said Hunting Park situate 
north of the line of the said Bristol street; which latter 
ground may be given in exchange for the ground so ac- 
quired east of the said Hunting Park and south of the said 
Bristol street, and a deed or deeds so agreed to be given 
in exchange to the person entitled to receive the same, 
shall be executed by the Mayor of the City of Philadel- 
phia, whenever he shall be requested so to do by the Park 
Commissioners, and the said exchange to be made on or 
before the first day of July, one thousand eight hundred 
and seventy-three.^ 



-See Act of May 15, 1871, Sec. 3, ante, page 95. 



ORDINANCE OF SEPTEMBER 8, 1903. 99 



Ordinance of Sept. 8, 1903. Ordinances 1903, page 189. 

To extend Hunting Park. 

Sectioit 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That by virtue and in pur- 
suance of the authority vested in them by the fourth sec- 
tion of an Act approved May 13, 1857, they do select and 
appropriate the lot of ground bounded on the north by 
Wingohocking street, on the east by ISTinth street, on the 
south and west by ISTicetown lane, Hunting Park and Old 
York road, to be laid out and maintained forever as an 
extension of Hunting Park for the health and enjoyment 
of the people. 

Sect. 2. The City Solicitor is hereby directed to file in 
the Court of Quarter Sessions a petition on behalf of the 
City setting forth the ground herein appropriated to the 
end that said Court shall appoint a jury to assess the dam- 
ages provided by law. 

Sect. 3. That the Department of Public Works is di- 
rected to strike from the City plan all unopened streets 
within the boundaries of the extension of said Park above 
described. 



100 OEDINANCE OF JULY 27, 1905. 



BURHOLME PARK 



Ordinance of July 21 , 1905. Ordinances 1905, page 181. 

KE OEDIiSTAE^CE 

To accept the devise contained in the will of Rohert W. 
Eyerss, deceased, of a tract of land and buildings near 
Fox Chase, in the Thirt j-fifth Ward of the City of Phila- 
delphia, and the life estate of Mary R. Bawn, his 
widow, therein; to place the same upon the City plan 
under and by the name of "Burholme Park," and to 
direct the Commissioners of Fairmonnt Park to assume 
the custody and maintenance thereof. 

Whereas, Robert W. Ryerss, in and by his last will and 
testament, did, inter alia, give, devise and bequeath, after 
the death of his wife, all that part of his farm near Fox 
Chase, with his country seat called "Burholme" and his 
dwelling house on the hill, with free access thereto, the 
house to be fitted up and used as a library, reading room 
and museum, to be free to the public, and the grounds to 
be used as a park, to be called "Burholme Park," and to 
be free for the use and enjoyment of the people forever; 
and 

Whekeas^ Mary R. Bawn, the widow of the said Robert 
W. Ryerss, and now the wife of John G. Bawn, is desirous 
of conveying her life estate in the above-mentioned prem- 
ises to the City of Philadelphia, and to deliver immediate 
possession thereof to the City, and to also deliver the books, 



OEDINANCE OF JULY 27, 1905. IQl 

pictures, old china, silver, glass and furniture and other 
curiosities mentioned in the said will, as also many like ar- 
ticles collected by her ; therefore, 

SECTioisr 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That the devise and be- 
quests contained in the will of Robert W. Ejerss, deceased, 
and the offer of his widow, the said Mary R. Bawn, to 
convey her life estate in the premises thereby devised, be, 
and the same are hereby, accepted, and that upon the exe- 
cution of a deed of conveyance for the said life estate satis- 
factory to the City Solicitor, the Director of the Depart- 
ment of Public Works be, and he is hereby, authorized 
and directed to place upon the City plan, as and for a public 
park, all that certain lot or piece of ground, situate in the 
Thirty-fifth Ward of the City of Philadelphia, bounded and 
described in accordance with a survey and plan made by 
Clement B. Webster, Surveyor and Regulator of the Four- 
teenth District, ISTovember 11th, 1904, as follows : . Begin- 
ning at an iron pin set for a corner at the intersection of 
the center lines of Township Line road, 33 feet wide, and 
Central avenue ("the Township Line and Cheltenham 
roads") ; thence extending north 51°12'56" west 1423 feet 
and f of an inch along the center line of Township Line 
road, to an iron pin; thence north 10°7'53" east 376 feet 
llf inches to a marble stone; thence north 44°3'7'53" east 
94Y feet 1^ inches to a marble stone; thence south 54°16' 
37" east 565 feet 5|- inches to a marble stone; thence north 
29°59'53" east 61 feet 8^ inches to a marble stone; thence 
south 54°24'34" east 524 feet 8f inches to a marble stone; 
thence south 53°31'51" east 445 feet 7f inches to a granite 
stone; thence south 39° 28' 34" west 1,411 feet 5f inches 
crossing two granite stones, to an iron pin set for a corner at 
the intersection of the center lines of Township Line road 
and Central avenue and the place of beginning, containing 



102 OEDINANCE OF JULY 27, 1905. 

48.1382 acres. Bounded on the southwest by the Township 
Line road, on the northwest and northeast by lands of the 
Jeanes estate, and on the southeast by other lands of the 
estate of Robert W. Kyerss, deceased, under the name of 
"Burholme Park." 

Sect. 2. After the execution and delivery of the deed of 
conveyance aforesaid, the Commissioners of Fairmount 
Park are hereby authorized and directed to assume the 
care, management and maintenance of the said "Burholme 
Park." The said Commissioners are further authorized 
and directed to fit up the mansion house for use as a public 
library, reading room and museum, and to arrange and 
maintain therein the books, pictures, old china, silver, glass 
and furniture and other curiosities devised to the City by 
the will of the said Bobert W. Byerss, as well as such like 
articles donated to the City by the said Mary E. Bawn; 
said building to be known as the "Robert W. Byerss Li- 
brary and Museum." 



OEDINANCE OF JUNE 27, 1904. IQ^ 



COBB'S CREEK PARK 



Ordinance of June 21 , 190 J/-. Ordinances 190 J^, page 15 Jf. 

Ais ordin'a:^ce 

To place upon tlie City plan a drive or parkway along tlie 
eastern bank of Cobb's Creek, and to place upon the 
plan tracts of ground as open public places and park 
between said avenue and Cobb's Creek, for the health 
and enjoyment of the people. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That the Department of 
Public Works (Board of Surveyors) be authorized and di- 
rected to place upon the City plan a drive or parkway 
one hundred feet wide along, and on the eastern bank and 
valley of Cobb's Creek, from Market street to south of 
Christian street, following generally the line of Sixty- 
third street ; thence curving eastwardly to, on or near the 
line of Federal street ; thence eastwardly along said line to, 
on or near the line of Fifty-eighth street; thence south- 
wardly along said street to, on or near the line of Hoffman 
avenue ; thence along the same westward to, on or near the 
line of Fifty-ninth street ; thence southward along the same 
to south of Willows avenue; thence curving westwardly 
and southwardly along the bank of Cobb's Creek to Wood- 
land avenue. 

Sect. 2. That the Department of Public Works (Board 
of Surveyors) be also authorized to place on the City plan 
the following described property as a park, for the health 



]^04 ORDINAiSrCE OF JUNE 27, 1904. 

and enjoyment of the people: All that portion lying be- 
tween the proposed Cobb's Creek avenne and Cobb's Creek 
and bonnded npon the north by Market street, and on the 
southwest and south by Sixty-first street and Baltimore 
avenue, containing seventy-five acres, more or less.-*- Also 
the portion lying between the proposed avenue and Cobb's 
Creek, and bounded on the north by the north side of Hofl'- 
man avenue, and on the southwest by Mt. Moriah Ceme- 
tery, containing thirty-four acres more or less. Also, the 
portion lying between the proposed avenue and Cobb's 
Creek south of the Mt. Moriah Cemetery and to Woodland 
avenue, containing twenty acres more or less. 

^Amended by Ordinance of June 26, 1906, post, page 105. 



OEDINANCE OF JUNE 26, 1906. 105 

Ordinance of June 26, 1906. Ordinances 1906, page 172. 

KE ORDII^A^TCE. 

To amend ordinance approved June 27, 1904, entitled 
"An Ordinance to place upon the City plan a drive or 
parkway along the eastern bank of Cobb's Creek, and to 
place npon the plan tracts of ground as open public 
places and park betv^een said avenue and Cobb's Creek 
for the health and enjoyment of the people. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That the ordinance en- 
titled ^'An Ordinance to place upon the City plan a drive 
or parkway along the eastern bank of Cobb's Creek, and 
to place upon the plan tracts of ground as open public 
places and park between said avenue and Cobb's Creek for 
the health and enjoyment of the people," approved the 
twenty-seventh Asij of June, A. D. 1904/ be altered and 
amended by striking out in Section 2 the following: "All 
that portion lying between the proposed Cobb's Creek ave- 
nue and Cobb's Creek, and bounded on the north by Mar- 
ket street and on the southwest and south by Sixty-first 
street and Baltimore avenue, containing seventy-five acres 
more or less," and inserting in lieu thereof the following: 
"All that portion lying between the proposed Cobb's Creek 
avenue and Cobb's Creek, and bounded on the north by a 
line parallel with and a distance of one hundred feet 
southward from the south side of Market street and on the 
southwest and south by Sixty-first street and Baltimore 
avenue, containing seventy-four and one-half acres more or 
less." 

'■Ante, page 103. 



106 ORDINANCE OF JULY 10, 1907. 

Ordinance of July 10, 1907. Ordinances 1907, page ISJi-. 

AN O'RBl'NA'NCE 

Condemning Cobb's Creek Park and Parkway, as autbor- 
ized to be placed on tbe plan by ordinance approved 
Jnne 27, 1904, as an open public place for tlie bealtb 
and enjoyment of the people. 

Sectioit 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That by virtue and in pur- 
suance of the authority vested in them by Act of Assembly, 
they do select and appropriate the ground as authorized to 
be placed on the plan by ordinance approved June 27, 
1904,-^ as a park and parkway for the health and enjoy- 
ment of the people, and more particularly described as fol- 
lov^s : As a drive or parkway one hundred feet wide along 
the line of Pifty-ninth street and on the eastern bank and 
valley of Cobb's Creek, from Hoffman avenue to about 
Plorence avenue ; thence curving westwardly and south- 
wardly along the bank of Cobb's Creek to Woodland ave- 
nue. And as a park, all that portion lying between the 
proposed Cobb's Creek avenue or Pifty-ninth street and 
Cobb's Creek, and bounded on the north by the north side 
of Hoffman avenue, and on the southwest by Mount Moriah 
Cemetery, containing twenty-four acres more or less. Also 
the portion lying between the proposed avenue and Cobb's 
Creek south of the Mount Moriah Cemetery and to Wood- 
land avenue, containing twenty acres more or less. 

Sect. 2. That the Mayor is hereby authorized and di- 
rected to enter security in the name of the City for the 
payment of any damages that may be awarded by reason 

^Ante, page 103. 



ORDINANCE OF JULY 10, 1907. 107 

of the taking of the said ground, and thereupon possession 
of the same shall be taken for i>iiblic use, and the City 
Solicitor shall begin and conduct the proper proceedings 
in the Court of Quarter Sessions for the assessment of 
damages for the said taking. 

Sect. 3. That the ground taken by this ordinance is 
hereby transferred to the custody of the Commissioners of 
Fairmoimt Park, to be controlled and managed by said 
Commissioners as an open public place for the health and 
enjoyment of the people, subject to such regulations as 
said Commissioners shall adopt. 



108 ORDINANCE OF NOVEMBER 5, 1909. 



Ordinance of Nov. 5, 1909. Ordinances 1909, loage 256. 

Appropriating a certain tract of ground along Cobb's 
Creek, between Market street and tlie County line, as a 
park and o]3en public place for the health and enjoyment 
of the people ; and placing said ground under the custody 
and management of the Commissioners of Fairmount 
• Park. 

SECTioiq- 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That by virtue and in pur- 
suance of the authority vested in them by the fourth sec- 
tion of an Act of Assembly, approved May 13, 1857, they 
do select and appropriate, for park purposes and for the 
health and enjoyment of the people forever, the certain 
tract of ground beginning at the northv^est corner of 
Sixty-third and Market streets; thence northward along 
the west side of Sixty-third street five hundred and sixty 
feet to the north side of Arch street; thence westward 
along the north side of Arch street two hundred and 
seventy-five feet to the west side of Gross street; thence 
northward along the west side of Gross street five hundred 
feet to the south side of Race street; thence westward 
along the south side of Race street eight hundred and 
forty-five feet to the west side of Sixty-fifth street ; thence 
northward along the west side of Sixty-fifth street thirty 
feet to the center line of Race street as sixty feet wide ; 
thence westward along the center line of Race street as 
sixty feet wide five hundred and thirty feet to the center- 



ORDINANCE OF NOVEMBER 5, 1909. 109 

line of Sixty-sixth street ; thence northward along the cen 
ter line of Sixty-sixth street thirty feet to the north line 
of Eace street; thence westward along the north line of 
Race street to the west side of Cardington road; thence 
southward along the west side of Cardington road to a 
point ; thence westward to the southwest corner of Seventy- 
first and Race streets ; thence southward along the west 
side of Seventy-first street and along the west boundary 
of Cobb's Creek Park as now upon the City plan to the 
middle of Cobb's Creek and the boundary line between 
Philadelphia and Delaware Counties ; thence eastward 
along the center line of Cobb's Creek to a point on the 
northerly side of the Cardington Division of the Philadel- 
phia and Delaware Railroad; thence eastward along the 
northerly side of said railroad on a line bearing south 
seventy-seven degrees, twenty-one minutes east five and 
seven hundred and fifteen one-thousandths feet to a point of 
curve in said railroad ; thence southeastward on a curve, the 
radius of which is three hundred and fourteen and ninety- 
nine one-hundredths feet a distance of four hundred and 
forty-four and one hundred and twenty-six one-thousandths 
feet to the boundary line between Philadelphia and Dela- 
ware Counties ; thence along the said boundary line south 
fifty-one degrees thirty-seven minutes east two and fifteen 
one-hundredths feet ; then south fifty-one degrees thirty-one 
minutes east seventy-eight and ninety-five one-hundredths 
feet to the north side of Market street ; thence eastward 
along the north side of Market street one hundred and 
seventy-nine and eight-tenths feet to the place of beginning ; 
being a part of property authorized to be placed upon the 
City plan for park purposes by ordinance approved July 7, 
1908. Also the tract of ground beginning at a point on 
the west side of Cardington road and in line of the north 
side of Race street continued from the east ; thence west- 
ward to the northwest corner of Carter and Race streets; 



XI OEDIXANCE OF NOVEMBER 5, 1909. 

thence northwestward along the northeast side of Eace 
street to the southeast side of Lansdowne avenue; thence 
soiithwestward along the southeast side of Lansdowne ave- 
nue to the northeast side of Arch street ; thence northwest- 
ward along the northeast side of Arch street to the line 
dividing Philadelphia and Montgomery Counties ; thence 
southwestward along the line dividing Philadelphia from 
Montgomery and Delaware Counties to Cobb's Creek; 
thence southeastward along Cobb's Creek on the line divid- 
ing Philadelphia and Delaware Counties to a point west 
of Seventy-first street; thence northward along the line of 
Cobb's Creek Park as now plotted upon the confirmed City 
plan to a point on the southwest corner of Seventy-first and 
Pace streets; thence eastward to a point on the west side 
of Cardington road ; thence northward along the west side 
of Cardington road to the place of beginning. 

Sect. 2. That the Department of Public Works (Board 
of Surveyors) be authorized and directed to place on the 
City plan as a public park so much of the property de- 
scribed in Section 1 as is not now on the plan. 

Sect. 3. The City Solicitor is hereby directed to file 
in the Court of Quarter Sessions a petition on behalf of 
the City setting forth the ground herein appropriated to 
the end that said Court shall appoint a jury to assess the 
damages as provided by law. 

Sect. 4. As soon as the City shall become legally pos- 
sessed of the tract of ground herein described, the said 
tract shall be named Cobb's Creek Park, and shall be 
placed under the control of the Commissioners of Pair- 
mount Park, subject to such rules and regulations as have 
been, or shall be, from time to time, established by the 
said Commissioners for the care, management and main- 
tenance of Fairmount Park: Provided, however, That 



OIIDIXANCE OF NOVEMBER 5, 1909. m 

such control shall not extend over streets or roads now upon 
the City |)lan, or hereafter placed thereon, as public high- 
ways over, across or through said park. 

Sect. 5. All ordinances or parts of ordinances incon- 
sistent herewith be and the same are hereby repealed. 



112 ORDINANCE OF DECEMBER 14, 1910. 



Ordinance of Decemher IJ/., 1910. Ordinances 1910^ 
page 288. 

Condemning Cobb's Creek Park and Driveway as author- 
ized to be placed on the plan by ordinance approved 
June 27, 1904, as an open public place for the health 
and enjoyment of the people. 

■Section 1. The Select and Common Councils of the 
City of Philadelptiia do ordain, That by virtue and in pur- 
suance of the authority vested in them by Act of Assembly, 
they do select and appropriate the ground as authorized to 
be placed on the plan by ordinance approved June 27, 
1904, as a parkway and driveway for the health and enjoy- 
ment of the people, and more particularly described as fol- 
lows: As a drive or parkway one hundred feet wide, begin- 
ning at Sixty-third street and Christian street, following 
generally the line of Sixty-third street, thence curving 
easterly to, on or near the line of Federal street ; thence 
easterly along said line to Baltimore avenue; and as a 
park, all that portion lying between the center line of 
Cobb's Creek, the south side of Christian street, the weat 
and southwesterly sides of Cobb's Creek Parkway, the 
westerly side of Sixty-first street and the northern side of 
Baltimore avenue. 

Sect. 2. The Mayor is hereby authorized and directed 
to enter security, in the name of the City of Philadelphia, 
for the payment of any damages that may be awarded by 
reason of the taking of the said ground, and thereupon pos- 
session of the same shall be taken for public use. 



ORDINANCE OF DECEMBEE 14, 1910. 113 

Sect. 3. That the ground taken by tMs ordinance is 
hereby transferred to the custody of the Commissioners of 
rairmoimt Park, to be controlled and managed by the said 
Commissioners as an open public place for the health and 
enjoyment of the people, subject to such regulations as said 
Commissioners shall adopt. 



114 OEDINANCE OF MAY 4, 1911. 



Ordinance of May Jf, 1911. Ordinances 1911, page 159. 

AN OEDi:^AXCE 

Condemning the unopened portion of Cobb's Creek Park 
and Parkway, between Market street laiid the south line 
of Cedar avenue, extended, as an open public jilace for 
the health and enjoyment of the people. 

SectIojN' 1. Tlie Select and Common Councils of the 
City of Philadelphia do ordain. That by virtue and in 
pursuance of the authority vested in them by Act of As- 
sembly, they do select and apiDrojDriate the unopened por- 
tion of Cobb's Creek Park and Parkway, as now on the 
City plan, between Market street and the south line of 
Cedar avenue, extended, in the Forty-sixth Ward, as a 
park and parkway for the health and enjoyment of the 
j)eople. 

Sect. 2. The Mayor is hereby authorized and directed 
to enter security, in the name of the City of Philadelphia, 
for the payment of any damages that may be awarded by 
reason of the taking of the said ground, and thereupon 
jDOSsessiou of the same shall be taken for public use. 

Sect. 3. That the ground taken by this ordinance, for 
park purposes, is hereby transferred to the custody of the 
Commissioners of Fairmount Park^ to be controlled and 
managed by the said Commissioners as an open public 
2')lace for the health and enjoyment of the people, subject 
to such regulations as said Commissioners shall adopt. 



OEDIXANCE OF DECEMBER 2, 1911. H^ 



MORRIS PARK 



Ordinance of Deceniher 2, 1911. Ordinances 1911, 
IDage olJf. 

Als OEDI^^AXCE 

To j)lace on tlie City plan as a public park certain tracts 
of land in the Thirtj-fonrth Ward, as additions to 
Cobb's Creek Park and Morris Park, and to make the 
necessary revision of lines and grades of streets. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That the Department of 
Public Works (Board of Surveyors) be authorized to 
place U]3on the City plan as a public park the following 
described tracts of land in the Thirty-fourth Ward, as ad- 
ditions to Cobb's Creek Park and Morris Park: Begin- 
ning at the southwest corner of Cardington road and 
Lansdowne avenue; thence southward along the west sid(> 
of Cardington road to the north side of Race street and 
present boundary of Cobb's Creek Park; thence west- 
ward to the northwest corner of Carter street and Pace 
street ; thence northwestward along the northeast side 
of Pace street to the southeast side of Lansdowne avenue ; 
thence northeastward along the southeast side of Lans- 
downe avenue to the place of beginning. 

Also, beginning at a point at the northwest corner of 
Pace street and Daggett street ; thence northward along 
the west side of Daggett street to the south side of Vine 
street; thence westward along the south side of Vine 



116 OEDINANCE OF DECEMBEK 2, 1911. 

street to the east side of Sixty-seventh street; thence 
northward along the east side of Sixty-seventh street to 
the north side. of Vine street; thence westward along the 
north side of Vine street to the east side of Sixty-ninth 
street; thence southward along the east side of Sixty- 
ninth street to the north side of Eace street ; thence east- 
ward along the north side of Race street to the middle 
of Sixty-sixth street; thence southward along the middle 
of Sixty-sixth street thirty feet; thence eastward par- 
allel with Eace street to a point in line with the west 
side of Daggett street ; thence northward on line with the 
west side of Daggett street thirty feet to the place of be- 
ginning. 

[Also, beginning at the north corner of Laiisdowne ave- 
nue and Race street; thence northwestward along the 
northeast side of Race street to City avenue; thence south- 
westward along City avenue to the northeast line of Arch 
street ; thence southeastward along the northeast side of 
Arch street to the northwest side of Lansdowne avenue ; 
thence northeastward along the northwest side of Lans- 
downe avenue to the place of beginning.]^ 

Also, beginning at a point at the northwest corner of 
Lebanon avenue and Sixty-ninth street ; thence northward 
along the west side of Sixty-ninth street to a point in the 
line of Morris Park, north of Malvern avenue; thence 
southwestward along Morris Park ninety-six and two hun- 
dred and forty-five one-thousandths feet to an angle; 
thence northwestward along the line of said Morris Park 
three hundred and fifty-seven and eight hundred forty- 
three one-thousandths feet to the west side of Sixty-ninth 
street ; thence northward along the west side of Sixty- 
ninth street to the southeast side of Woodbine avenue; 

^Eepealed by Ordinance of March 19, 1912, post, page 127. 



ORDINANCE OF DECEMBEE 3, 1911. 117 

tkence sontli westward along the southeast side of Wood- 
bine avenue to a point opposite me intersection of a 
proposed street to be called Seventy-second street; thence 
northwestward to the west corner of the proposed Sev- 
enty-second street and Woodbine avenue; thence north- 
westward along the south side of the proposed Seventy- 
second street to the line dividing Philadelphia and Mont- 
gomery Counties ; thence southwestward along the line di- 
viding Philadelphia and Montgomery counties to a point 
in line with the northeast side of a proposed street to 
be called Seventy-third street; thence southeastward along 
the line of a proposed street to be called Seventy-third 
street and partly along line dividing lands now or late 
of Joseph R. Rhoads and The Commonwealth Title and 
Trust Company to a corner of the aforesaid mentioned 
property and near the center line of the proposed low- 
grade freight line of the Pennsylvania Railroad; thence 
south five degrees twelve minutes thirty-nine and twenty- 
nine one-hundredths seconds east three hundred and six 
and eight hundred and fifty-nine one-thousandths feet to 
line of land now or late of James Rhoads ; thence north- 
eastward along said land to the northwest side of the pro- 
posed Seventy-third street ; thence southwestward along 
the northwest side of said proposed Seventy-third street 
to a point at or near the intersection of the proposed 
Seventy-third street and proposed Rhoads street; thence 
southeastward along the northeast side of the proposed 
Seventy-third street to its intersection with the north line 
of Lebanon avenue ; thence eastward along the north side 
of Lebanon avenue to the northwest corner of Lebanon 
avenue and Sixty-ninth street and place of beginning. 

Also, beginning at the southwest corner of Sixty-ninth 
street and City avenue ; thence southward along the west 
side of Sixty-ninth street to the present boundary of 



118 OEDIXANCE OF DECEMEEE 2, 1911. 

Morris Park; thence northeastward along the line of Mor- 
ris Park to an angle in said Park line ; thence north- 
westward along the said present boundary line of said 
Morris Park to a point on the southerly side of City ave- 
nue, said point being eighty-seven and seventy-one one- 
hiindredths feet westward from the west side of Sixty- 
sixth street; thence westwardly along the southerly side 
of City avenue to the place of beginning. 

Sect. 2. The Department of Public Works (Board of 
Surveyors) is hereby authorized to revise the lines and 
grades of the streets that are now within the lines of Cobb's 
Creek and Morris Parks and the additions thereto, and 
to make the necessary revision of the lines and grades of 
streets adjacent thereto and to place such boundary streets 
upon the plan as in its judgment are necessary. 



OEDINANCE OF DECEMBEE 3, 1911. HQ 



Ordinance of Decemher 2, 1911. Ordinances 1911, 
page 520. 

AN^ oedii\ta:ntce 

To authorize the acceptance of an offer made by the Girard 
Trust Company et al., Trustees, to dedicate and convey 
to the City of Philadelphia land contained within the 
boundaries of Morris Park, and streets and avenues in 
the Thirty-fourth Ward in the neighborhood thereof, 
upon the terms 'and conditions contained in said offer; 
and directing the City Solicitor to prepare and have exe- 
cuted the necessary deeds and other instruments, in 
writing, to carry such offer into effect. 

Wheeeas, The Girard Trust Company et al., Trustees, 
Tinder a certain deed of trust bearing date the seventh day 
of December, A. D. 1910, made, executed and delivered 
by Mary Morris et al., being the heirs of Wistar Morris, 
deceased, to the said trustees, and recorded in the office 
for the recording of deeds in and for the County of Phila- 
delphia in Deed Book W. S. V., Is"o. 1420, page 170, etc., 
by and through Messrs. Wendell & Wright, the agents of 
the said trustees, offered to dedicate and convey unto the 
City of Philadelphia certain tracts or pieces of land con- 
tained in Morris Park and certain streets or highways of 
the Thirty-fourth Ward in the neighborhood thereof, upon 
terms and conditions set forth in a letter directed to the 
Mayor, dated July 13, 1911, of the following tenor: 



120 OEDINANCE OF DECEMBEE 2, 1911. 

Pliiladel-pliia, July IS, 1911. 

To THE Honorable Joh2t E. REYBUEisr, 

Mayor of the City of Philadelpliia. 

Deak Sie: — The undersigned beg leave to submit to 
Toiir consideration the following letter, written by them 
as agents for the Girard Trust Company et al., Trustees 
under a certain deed of trust bearing date the seventh day 
of December, A. D. 1910, made, executed and delivered 
by M'ary Morris et al., being the heirs of Wistar Morris, 
deceased, to the said Trustees, and recorded in the ofSce 
for the recording of deeds in and for the County of Phila- 
delphia in Deed Book W. S. Y., m. 1420, page lYO, etc. 

The trustees under said deed of trust have under consid- 
eration certain improvements east and west of the pro- 
posed Morris Park, as the same is now laid down on the 
confirmed City plan. They have entered into a formal con- 
tract with us to carry out these contemplated improve- 
ments. In order that our work may be done in the most 
advantageous way possible, not only to the Morris prop- 
erty, but also to the said Morris Park, we believe that 
changes should be made in the boundaries of the said park, 
as the same now appear on the confirmed City plan. 

The chano-es we suo-o-est are as follows : 

Pirst. That the easterly boundary of the park, between 
a point one hundred feet south of the southerly side of 
Overbrook avenue and the southern boundary of said park, 
be changed so that the same will be situate two hundred 
feet west of Sixty-sixth street (see plan). 

Second. That the small area at the northwest corner of 
Sixty-ninth street and Overbrook avenue, north of said 
Overbrook avenue and west of said Sixty-ninth street, be 
stricken off the plan of the said park and accordingly re- 
vert to the said trust estate (see plan). 



ORDINANCE OF DECEMBER 2, 1911. 121 

Third. That the western boundary south from the south- 
erly side of Overbrook avenue be moved eastv^ard seventy- 
five feet (see plan). 

If these changes, as above indicated, are made by the 
City, we are authorized to say that the trustees under the 
said deed of trust are willing to dedicate to the City for 
park purposes the tract of land on the south side of City 
avenue, between the boundary of Morris Park, as the same 
now appears on the confirmed City plan, and Sixty-ninth 
street, upon which said tract certain farm buildings are 
now erected ; said buildings, except the dwelling house, to 
be torn down and removed at the expense of the trust es- 
tate, the right so to do to be expressly reserved. 

We are also authorized to say that the said trustees, if 
and provided the City of Philadelphia will make certain 
improvements hereinafter mentioned, are willing to dedi- 
cate — • 

(1) To the said City, for park purposes, the entire tract 
of land contained within the boundaries of Morris Park, 
as the same will appear upon the City plan, when the three 
changes first hereinabove mentioned are made. This tract 
comprises more than twenty acres and is, in our opinion, 
of more than usual value. 

(2) To dedicate to the said City the south one-half of 
City avenue, as eighty feet wide, as shown on the confirmed 
City plan, from Lancaster avenue to the western limits of 
the land late of Wistar Morris, deceased, west of Seventy- 
third street. 

(3) To dedicate to the said City, Overbrook avenue, 
from Sixty-sixth street to Seventy-first street. 

(4) To grade and improve, under City inspection, said 
Overbrook avenue, from a point situate at the intersec- 
tion of the southerly side of said Overbrook avenue and 
the western boundarv of the said Morris Park, as the same 



122 ORDINANCE OF DECEMBER 2, 1911. 

will apjDear upon the City plan when the three changes first 
hereinabove mentioned are made, to Seventy-first street. 

(5) To dedicate to the said City, grade and improve, 
under City inspection, Sixty-fourth street, from said City 
avenue southeastward to the southerly boundary of the 
land late of AYistar Morris, deceased, as the same is situate 
at said Sixty-fourth street. 

(6) To dedicate to the said City Sixty-ninth street, 
from Overbrook avenue to City avenue. 

(7) To dedicate to the said City, grade and improve, 
under City inspection, two cross streets, from Overbrook 
avenue to City avenue, between Sixty-ninth street and 
Seventy-first street, said cross streets to be located by the 
said trustees. 

(8) To dedicate to the said City, grade and improve, 
Seventy-first street, from Overbrook avenue to City ave- 
nue. 

(9) To dedicate to the said City, grade and improve, 
Church road (see plan), from Lancaster avenue to City 
avenue ; the trustees, however, expressly reserving the right 
to remove from said Church road, as the same is indicated 
on the plan annexed hereto, a certain dwelling house, sit- 
uate about one hundred and fifty feet west of the westerly 
side of Lancaster avenue, and known as the Wayside Cot- 
tage, said dwelling house to continue to be the property of 
the said trust estate, to be used and disposed of as to the 
said trustees may seem wise. 

The improvements which the said trustees require the 
City of Philadelphia to make, in part consideration, etc., 
etc., as enumerated in the paragraphs last hereinbefore set 
forth, numbers one to nine, inclusive, are as follows : 

(1) To grade, macadamize and sewer the south half of 
City avenue, as eighty feet wide, as is shown on the City 



OEDINANCE OF DECEMBER 2, 1911. 123 

plan, from Lancaster avenue to Sixty-ninth street ; it being 
our understanding that Lower Merion Township will co- 
operate with the City of Philadelphia and improve in the 
same manner the north half of City avenue, as eighty feet 
wide, from Lancaster avenue to Sixty-ninth street. 

(2) To grade and macadamize the south half of City 
avenue, from Sixty-ninth street to the western limits of 
the land late of Wistar Morris, situate on the southerly 
side of said City avenue. 

(3) To construct a new bridge on City avenue, over In- 
dian Eun west of Sixty-sixth street, and to provide, in the 
construction of said bridge, suitable housing for the pump- 
ing plant belonging to the said trust estate and located at 
this point, it being our understanding that one-half of the 
cost of the erection of said bridge will be paid hj Lower 
Merion Township. 

(4) To grade, macadamize and sewer Overbrook avenue, 
from Sixty-sixth street to the point of intersection of the 
southerly side of said Overbrook avenue and the western 
boundary of the said Morris Park^ as the same will appear 
on the City plan, when the three changes in the boundary 
thereof first hereinbefore mentioned have been made, and 
to construct a new bridge over said Indian Pun on the line 
of said Overbrook avenue. 

(5) To grade, macadamize and sewer Sixty-ninth street, 
from Overbrook avenue to City avenue. 

(6) To sewer Sixty-fourth street, from Overbrook ave- 
nue north to the southerly boundary of the land late of 
Wistar Morris, deceased, as the same is situate at Sixty- 
fourth street. 

In view of the fact that roads which are to be graded 

. and macadamized from gutter or curb to gutter or curb, 

are to be finished with a patent surface by the trust estate, 



124 ORDINANCE OF DECEMBER 2, 1911. 

as Hereinbefore provided, it is tlie opinion of tlie trustees 
that 

(7) The roads to be graded and macadamized by the 
City, as hereinbefore provided, should be macadamized 
from gutter or curb to gutter or curb and finished with a 
patent surface, to make the same conform with the finish 
of the other roads to be graded and macadamized by the 
said trust estate. 

The title to the land included in Morris Park, as the 
same will be when its boundaries have been changed, as 
hereinbefore mentioned, to pass to the City of Philadel- 
phia, and proper conveyance to said City shall be made 
by said trustees immediately upon the due acceptance by 
the said City of the terms and conditions set forth in this 
letter, subject, however, to the definite condition subse- 
quent that, unless all and every the improvements to be 
made by the said City as hereinbefore provided are sub- 
stantially completed within three years from and after the 
date of the acceptance of the terms and conditions herein 
contained by the Select and Common Councils of said 
City, said land to revert to and become the property of 
the said trustees and said trust estate. 

We would request that suitable ordinances be passed by 
the Select and Common Councils of the City of Philadel- 
phia — • 

Pirst. Accepting the general proposition outlined in 
this letter; and. 

Second. Authorizing the revision of the boundaries of 
Morris Park, as hereinbefore suggested ; and, 

Third. Providing for the carrying out of the improve- 
ments to be made by the said City of Philadelphia, as 
herein outlined, at the earliest possible date ; and. 



OEDINANCE OF DECEMBEE 2, 1911. 125 

Fourth, Authorizing the revision of the grade of City 
avenue, from Lancaster avenue to Haverford street, and 
of the streets adjacent thereto, and placing of the new 
streets hereinbefore mentioned upon the said plan. 

The trustees above mentioned authorize us to say that 
the proposition set forth in this letter will remain open for 
acceptance by the City for a reasonable time ; it is, of 
course, understood that this proposition could not remain 
open indefinitely. 

If this letter and the propositions it contains meet with 
your a23proval, will you kindly forward the same to Coun- 
cils. 

Yours very respectfully, 

Wendell & Wright. 

Sectioe" 1. The Select and Common Councils of the 
City of Philadelpliid do ordain, That the said offer con- 
tained in the letter above referred to be, and the same is 
hereby accepted. 

Sect. 2, The City Solicitor be, and he is hereby author- 
ized and directed to prepare and have executed such deed 
or deeds or other instruments of writing as may be requi- 
site or proper to carry into effect the said offer and this 
acceptance thereof. 



126 OEDINANCE OF MAECH 14, 1912. 



Ordinance of March IJf, 1912. Ordinances 1912, 'page 20. 

AlsT OEDI^AIS'CE 

To revise the boundaries of Morris Park. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That the Department of 
Public Works (Board of Surveyors) be authorized to revise 
the boundaries of Morris Park in conformity with the 
terms and conditions of an ordinance, approved the second 
day of December, 1911, entitled "An Ordinance to 
authorize the acceptance of an offer made by the Girard 
Trust Company et al.. Trustees, to dedicate and convey 
to the City of Philadelphia land contained within the 
boundaries of Morris Park and streets and avenues in the 
Thirty-fourth Ward in the neighborhood thereof, upon 
terms and conditions contained in said offer ; and directing 
the City Solicitor to prepare and have executed the neces- 
sary deeds and other instniments in writing to carry such 
offer into effect. "■'■ 

^Ante, page 119. , ' 



OEDINANCE OF MAECH 19, 1912. 127 



Ordinance of March 19, 1912. Ordinances 1912, page 21. 

A'N OEDIlJTA^CE 

To repeal portion of ordinance approved December 2, 
1911, entitled "An Ordinance to place on the City plan 
as a public park certain tracts of land in the Thirty- 
fourth. Ward, as additions to Cobbs Creek Park and 
Morris Park, and to make the necessary revision of 
lines and grades of streets." 

SECTio]sr 1. The Select and Common Councils of the 
City of Philadelphia do ordain^ That so much of the 
ordinance approved December 2, 1911, entitled "An 
Ordinance to place on the City plan as a public park 
certain tracts of land in the Thirty-fourth Ward, as ad- 
ditions to Cobbs Creek Park and Morris Park, and to 
make the necessary revision of lines and grades of streets," 
as reads as follows : "Also, beginning at the north cor- 
ner of Lansdowne avenue and Race street; thence north- 
westward along the northeast side of Pace street to City 
avenue ; thence southwestward along City avenue to the 
northeast line of Arch street ; thence Southeastward along 
the northeast line of Arch street to the northwest side 
of Lansdowne avenue; thence northeastward along the 
nortliwest side of Lansdowne avenue to the place of begin- 
ning,"^ be, and the same is hereby repealed. 

^Ante, page 116. 



128 OEDINANCE OF MAY 27, 1912. 



Ordinance May 27, 1912. Ordinances 1912, page 113. 

AN OBBINANCE 

To confer upon tlie Commissioners of Fairmonnt Park the 
care and management of Morris Park, in the Thirty- 
fourth Ward. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That the care and man- 
agement of Morris Park, in the Thirty-fourth AVard, is 
hereby conferred upon the Commissioners of Pairmount 
Park, who shall exercise the same powers and authority 
over said Park as they now have over Pairmount Park. 



ORDINANCE OF MARCH 20, 1905. 129 



PENNYPACK PARK 



Ordinance of March 20, 1905. Ordinances 1905, page 37. 

AIT OEDIIs'AiN'CE 

To place npon the City plan a certain tract of ground as 
an open public place and park along Pennjpack Creek in 
the Thirty-fifth Ward, for the health and enjoyment of 
the people, and the preservation of the purity of the 
water supply of the City ; also, to lay out upon the plan 
the necessary driveways and boundary avenues along- 
said creek. 

SECTioisr 1, The Select and Common Councils of the 
City of Philadelphia do ordain. That the Department of 
Public Works (Board of Surveyors) be authorized and 
directed to place upon the City plan as a park, all those 
certain tracts of ground situate along both sides of Penny- 
pack Creek between Prankford avenue and Pine road, of 
such widths that by passing the boundary lines generally 
along the crests of the heights, which are on either side of 
the creek, the purity of the water of the creek may be pro- 
tected and thus the beauty of the scenery preserved. The 
lines thus determined and established upon the City plan 
shall define the limits of the park to be taken by this ordi- 
nance. The Department of Public Works (Board of Sur- 
veyors) is further authorized to lay out upon the plan the 
necessary driveways and boundary avenues along said 
Pennypack Creek. 



130 ORDINANCE OF JULY 10, 1907. 



Ordinance of July 10, 1907. Ordinmices 1907, page 179. 

AN ORDII^AITCE 

Selecting and appropriating a certain tract of ground 
along the Pennvpack Creek in the Thirtj-fiftli Ward 
as a park and open public place for the health and enjov- 
ment of the people, as authorized to be placed upon the 
City plan by Ordinance approved March 20, 1905. 

Section 1. The Select and Common Councils of the 
City of Philadelphia do ordain^ That by virtue and in pur- 
suance of the authority vested in them by the fourth sec- 
tion of an Act of Assembly approved May 13, 1857, they 
do select and appropriate, for park purposes and for the 
health and enjoyment of the people forever, a certain tract 
of ground lying along both side of the Pennypack Creek 
betvi^een Welsh road and Bustleton avenue, in the Thirty- 
iifth Ward as authorized to be placed upon the City plan 
by Ordinance approved March 20, 1905, bounded by cer- 
tain streets now upon the City plan, or projected, and de- 
scribed as follows : Beginning at the point of intersection 
of the center line of Welsh road and the northeast line of 
Cresco avenue, thence extending along the said northeast 
line of Cresco avenue, north 77° 41' 51.76" west 752.562 
feet ; thence still along the same on a line curving to the 
westward and southward with a radius of 780 feet 984.135 
feet to a point in the east line of Rhavni street (70 feet 
wide) ; thence still along the said curving line 170,467 
feet to the west line of Rha-^vn street ; thence along the west 
line of Ehawn street as now upon the City plan of the 
width of 70 feet and along a line curving to the westward 



OEDINANCE OF JULY 10, 1907. 131 

with a radius of 830 feet 89.715 feet to a point ; thence 
still along the same along a line curving to the southward 
and eastward .with a radius of 7^0 feet 473.444 feet to a 
point in the northwest line of Rowland avenue as the 
same is now upon the City plan of the width of 60 feet ; 
thence along the line of Rowland avenue south 60° 49' 18" 
west 580.272 feet to a point; thence north 29° 10' 42" 
west 20 feet to a point at the intersection of the northwest 
line of Rowland avenue (80 feet wide) and the northwest 
line of Hartel avenue (80 feet wide) ; thence along the 
line of Hartel avenue the following courses and distances : 
along a line curving to the northward with a radius of 
702.667 feet 1028.172 feet; thence along a line curving to 
the westward with a radius of 481.493 feet 405.597 feet; 
thence north 83° 36' 18.5" west 264.56 feet; thence along 
a line curving to the northward with a radius of 200 feet 
285.41 feet; thence along a line curving to the westward 
with a radius of 577.834 feet 799.668 feet; thence north 
81° 07' 59.7'' west 421.885 feet; thence along a line curv- 
ing to the southward with a radius of 380 feet 183.133 
feet ; thence along a line curving to the westward and 
northward with a radius of 298.122 feet 548.764 feet to a 
point in the southeast line of Lexingi:on avenue (80 feet 
wide) ; thence along the line of Lexington avenue north 
64° 29' 17.8" east 861.547 feet; thence along a line curv- 
ing to the northward and westward with a radius of 480 
feet 592.714 feet ; thence along a line curving to the north- 
ward and eastward with a radius of 401.99 feet 302.753 
feet; thence crossing Rhawn street north 36° 53' 23" east 
516.284 feet to the northeast line of Rhawn street (70 feet 
wide) ; thence along a line curving to the northward and 
westward with a radius of 330 feet 287.979 feet; thence 
along a line curving to the northward and eastward with a 
radius of 260.629 feet 186.544 feet; thence north 27° 53' 
56" east 696.71 feet; thence along a line curving to the 



132 ORDINANCE OF JULY 10, 1907. 

northward with a radius of 580 feet 228.189 feet; thence 
north 5° 21' 25.5" east 1,333.552 feet; thence along a line 
curving to the northw^ard and eastward with a radius of 
1,000 feet 698.221 feet; thence north 34° 38' 53" west 
940.08 feet; thence alonar a line curving to the westward 
and southward with a radius of 780 feet 853.113 feet; 
thence south 82° 41' OS" west 296.226 feet; thence along 
a line cur^dng to the westward and northward with a ra- 
dius of 135.892 feet 106.719 feet; thence north 52° 19' 
07" west 1,102.671 feet to the southeast line of Large ave- 
nue (80 feet wide) ; thence along the line of Large ave- 
nue north 37° 40' 53" east 229.349 feet; thence still along 
the same on a line curving to the northward and westward 
with a radius of 630 feet 618.501 feet; thence still along 
the same north 18° 34' 07" west 453.433 feet to the south- 
east line of Castor avenue (80 feet wide) ; thence along the 
said line of Castor avenue north 37° 40' 53" east 284.912 
feet to the southwest line of Evarts avenue (80 feet wide) ; 
thence along the line of Evarts avenue south 52° 19' 07" 
east 457.007 feet; thence still along the same on a line 
curving to the eastward and northward with a radius of 
200 feet 366.519 feet to the southeast line of Benton ave- 
nue (80 feet wide) ; thence along the line of Benton ave- 
nue north 22° 40' 53" east 571.345 feet; thence still along 
the same on a line curving to the northward and westward 
with a radius of 498.778 feet 449.579 feet; thence still 
along the same north 28° 57' 46'' west 833.469 feet to the 
center line of Bustleton avenue ; thence along the said 
center line the following courses and distances : IsTorth 
33° 28' 44" east 270 feet; thence north 53° 57' 44" east 
407.49 feet; thence north 60° 09' 08.45" east 174.62 feet; 
thence north 37° 51' 48.45" east 238.819 feet to the south- 
west line of Winchester avenue (80 feet wide) ; thence 
along the line of Winchester avenue the following courses 
and distances: South 26° 56' 02.68" east 1,765.378 feet; 



OEDINANCE OF JULY 10, 1907. 1 oo 

tlience along a line curving to the soiitliward and westward 
with a radius of 200 feet 252.574 feet; thence south 45"^ 
25' 21.45" west 3Y9.224 feet; thence along a line curving 
to the southward and eastward with a radius of 587.131 
feet 990.93 feet; thence south 51° 16' 41.55" east 
2,442.038 feet; thence along a line curving to the south- 
ward with a radius of 1,000 feet 813.905 feet; thence 
south 4° 38' 41.55" east 662.77 feet; thence along a line 
curving to the southward and westward with a radius of 
800 feet 359.957 feet; thence south 21° 08' 06.45" west 
727.562 feet; thence along a line curving to the southward 
and eastward with a radius of 580 feet 343.709 feet; 
thence south 12° 49' 07'' east 312.092 feet; thence south 
29° 54' 53.6" west 1,119.201 feet; thence along a line curv- 
ing to the southward and eastward with a radius of 584.114 
feet 646.839 feet; thence along a line curving to the south- 
ward and westward with a radius of 192.24 feet 225.764 
feet; thence along a line curving to the southward, east- 
ward and northward with a radius of 281.617 feet 869.313 
feet; thence along a line curving to the eastward with a 
radius of 1,090 feet 659.826 feet; thence along a line curv- 
ing to the eastward and southward with a radius of 50 
feet 78.477 feet; thence south 18° 29' 54" east 232.942 
feet; thence along a line curving to the eastward with a 
radius of 342.287 feet 466.641 feet; thence along a line 
curving to the eastward and southward with a radius of 
1,000 feet 405.789 feet; thence south 73° 21' 33.7" east 
736.632 feet to the center line of Welsh road; thence along 
the center line of Welsh road the following courses and 
distances: South 14° 52' 41" east 465.602 feet; thence 
south 11° 44' 06" east 265.33 feet; thence south 8° 00' 
54" west 124.448 feet to the northeast line of Cresco ave- 
nue and the place of beginning, containing 477 acres more 
or less. 



134 OEDINANCE OF JULY 10, 1907. 

Sect. 2. The City Solicitor is hereby directed to file 
in the Court of Quarter Sessions a petition on behalf of 
the City setting forth the ground herein appropriated to 
the end that said Court shall appoint a jury to assess the 
damages as provided by law. 



ORDINANCE OF APEIL 12, 1909. 135 



Ordinance of April 12, 1909. Ordinances 1909, page 98. 

KE OEDI^T \^^CE 

Selecting and appropriating a certain tract of ground along 
tlie Pennjpack Creek, in the Forty-first Ward, as a park- 
and open public place for the health and enjoyment of 
the people, and directing the Commissioners of Fair- 
mount Park to assume the custody and maintenance of 
Pennypack Park. 

SECTiO]>r 1. Tlie Select and Common Councils of the 
City of Philadelphia do ordain. That hy virtue and in pur- 
suance of the authority vested in them by the fourth sec- 
tion of an Act of Assembly, approved May 13, 1857, they 
do select and appropriate, for park purposes and for the 
health and enjoyment of the people forever, a certain tract 
of ground, being part of a larger tract placed upon the 
City plan for such purposes by conjfirmation of the Board 
of Surveyors, ISTovember 16, 1908, lying along both sides 
of the Pennypack Creek, in the Forty-first Ward, bounded 
and described as follows : Beginning at the point of inter- 
section of the center line of Frankford avenue and the west 
line of Enfield avenue ; thence extending along the said 
west line of Enfield avenue south 0° 36' 13" west 831.298 
feet ; thence still along the same and along a line curving 
to the westward with a radius of 450 feet 120.0 feet; thence 
still along the same south 15° 52' 57'' west 675.565 feet; 
thence still along the same south 32° 11' 35" east 400.0 feet 
to the northwest line of Torresdale avenue ; thence along 
the same south 57° 48' 25" west 580.204 feet to the north- 
east side of Pennypack Creek; thence down the same the 



][36 ORDINANCE OF APEIL 12, 1909. 

following courses and distances: South 13° 32' 35" east 
394:.600' feet; thence south 1° 02' 05" east 259.260 feet; 
thence south 24° 54' 55" west 402.750 feet; thence south 
4° 53' 25" west 145.460 feet; thence south 35° 39' 35" east 
112.870 feet; thence north 88° 58' 25" east 298.420 feet; 
thence south 87° 21' 35" east 314.650 feet; thence south 
76° 21' 35" east 144.940 feet; thence south 63° 27' 35" 
east 204.570 feet; thence south 36° 53'35"east 59.563 feet 
to the northwest line of State road as now open of the width 
of iifty feet; thence along the same south 55° 47' 15" west 
974.804 feet to the north line of Holmesburg avenue; 
thence along the same north 34° 05' 57" west 924.897 feet 
to the north line of Hegerman street, produced ; thence 
along the same north 75° 39' 15" west 228.709 feet to the 
east line of the right-of-way of the Bustleton Branch of 
the Connecting Railway; thence along the same the follow- 
ing courses and distances : By a line curving to the north- 
ward with a radius of 1,062.700 feet 47.093 feet; thenco 
north 1° 17' 20" east 1,154.468 feet; thence north 62° 28' 
east 26.354 feet; thence north 0° 04' 30" west 520 feet 
more or less to the south line of Cottage street ; thence 
northeastward along the same the various courses and dis- 
tances thereof 550 feet more or less to the center line of 
Pennypack Creek; thence up the same the various courses 
and distances thereof 1,450 feet, more or less, to the center 
line of Frankford avenue ; thence northeastward along tlie 
same the various courses and distances thereof 170 feet 
more or less, to the west line of Enfield avenue and the 
place of beginning, containing 55 acres more or less: 
Provided, That the appropriation by the City of the said 
tract of ground shall not interfere with or abridge the 
existing franchises of the Philadelphia and Trenton Rail- 
road Company to construct, maintain and operate their 
lines of railroad over, across or throueh the same. 



ORDINANCE OF APRIL 12, 1909. ^37 

Sect. 2. The City Solicitor is hereby directed to file 
in the Court of Quarter Sessions a petition on behalf of 
the City setting forth the ground herein appropriated, to 
the end that the said Court shall appoint a jury to assess 
the damages as provided by law. 

Sect. 3. As soon as the City shall become legally pos- 
sessed of the tract of ground herein described, the said 
tract, together with the tract along the Pennypack Creek, 
appropriated for similar purposes by ordinance approved 
July 10, 1907, shall be named Pennypack Park and shall 
be placed under the control of the Commissioners of Fair- 
mount Park, subject to such rules and regulations as have 
been, or shall be from time to time established by the said 
Commissioners for the care, management and maintenance 
of Pairmount Park : Provided, however. That such control 
shall not extend over streets or roads now upon the City 
j)lan, or hereafter placed thereon, as public highways over, 
across or through the said park. 

Sect. 4. All ordinances or parts of ordinances incon- 
sistent herewith be, and the same are hereby repealed. 



138 OEDINANCE OF MAECH 12, 1907. 



WISTER^S WOODS 



Ordinance of March 12, 1907. Ordinances 1907, page 79. 

A'N OEDn^ANCE 

To authorize tlie placing on the City plan Wister's Woods 
Park, in the Forty-second Ward. 

Sectio^st 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That the Department of 
Public Works (Board of Surveyors) be authorized and" 
directed to place upon the City plan Wister's Woods Park, 
bounded by Pisher's lane or East Logan street, the Phila- 
delphia and Eeading Eailway, Wister street, Stenton ave- 
nue, Bellfield and Somerville avenues and ISTineteenth 
street. 



ORDINANCE OF DECEMBER 1, 1911. 139 



Ordinance of December 1, 1911. Ordinances 1911, 
page Jf82. 

A'N OKDIl^A^CE 

Selecting and appropriating two certain tracts of ground, 
in tlie Twenty-second and Forty-second Wards, as a 
park and open public place for the health and enjoy- 
ment of the people, authorizing the placing of the same 
upon the City plan and directing the Commissioners 
of Fairmoiint Park to assume the custody and mainten- 
ance of the same. 

SECTioisr 1. The Select and Common Councils of the 
City of Philadelphia do ordain. That by virtue and in 
pursuance of the authority vested in them by the fourth 
section of an Act of Assembly approved May 13, 1857, 
they do select and appropriate for park purposes and 
for the health and enjoyment of the people forever, all 
those two certain tracts of ground lying in the Twenty- 
second and Forty-second Wards, and bounded and de- 
scribed as follows : 

One of them beginning at a point, the intersection of 
the southeast side of Wister street (forty feet wide) 
and the southwest side of Duncannon street (fifty feet 
wide) ; thence extending along the southeast side of said 
Wister street, crossing Duncannon street, north forty de- 
grees four minutes east one hundred and thirty-four feet 
four and one-fourth inches to an angle ; thence still along 
the southeast side of said Wister street north forty degrees 
twenty-one minutes east two hundred and fourteen feet 
eight inches to a point in the westerly right-of-way line of 



140 ORDINANCE OF DECEMBER 1, 1911. 

the Germantown Branch of the Philadelphia and Read- 
ing Railway; thence extending along the said right-of-way 
line the ten following courses and distances ; south sixty- 
three degrees twenty-seven minutes east one hundred feet, 
south forty-five degrees seventeen minutes east one hun- 
dred feet, south fifty degrees thirteen minutes east one 
hundred feet, south thirty-eight degrees thirty-four min- 
utes east one hundred feet, south thirty-one degrees forty- 
three minutes east one hundred feet, south twenty-one 
degrees twenty-four minutes east one hundred feet, south 
fifteen degrees nineteen minutes east one hundred feet, 
south four degrees fourteen minutes east one hundred feet, 
south one degree forty-three minutes six seconds east one 
hundred feet, south one degree ten minutes west twenty- 
nine feet and three-fourths of an inch to a point in the 
northerly line of said Duncannon street (fifty feet wide), 
as formerly on City plan; thence extending along the 
northerly side of Duncannon street north seventy-eight de- 
grees forty minutes and twenty seconds west sixteen feet 
five and three-eighths inches to an angle; thence crossing 
said Duncannon street south forty-two decrees fifty min- 
utes three seconds west fifty feet and three-fourths of 
an inch to a point of intersection in the southwest side of 
Duncannon street and the northwest side of Shedaker 
street ; thence extending along the northwest side of Shed- 
aker street south thirty-nine degrees twenty-nine minutes 
west one hundred and forty-nine feet four and five-eighths 
inches to a point ; thence extending north forty-nine de- 
grees fifty-seven minutes fifty seconds west four hundred 
and eighty feet four inches to a point ; thence extending 
north forty degrees four minutes east one hundred and 
forty-nine feet seven and five-eighths inches to a point 
in the southwest side of said Duncannon street (fifty feet 
wide) ; thence extending along the southwest side of said 
Duncannon street north forty-nine degrees fifty-six min- 



ORDINANCE OF DECEMBEE 1, 1911. 141 

utes west three hiindred and twenty feet to a point in the 
southeast side of the said Wister street, the first mentioned 
point and phice of beginning. 

The other of them being all that certain tract of 
ground known as AYister's Woods Park, as placed upon 
the City plan by confirmation by the Board of Surveyors 
July 1, 1907, under authority of an ordinance of Councils 
approved March 13, 1907, and bounded, generally, by 
East Logan street, the right-of-way of the Germantown 
Branch of the Philadelphia and Reading Railway, Wister 
street, Somerville avenue and IvTineteenth street. 

Sect. 2. The City Solicitor is hereby directed to file 
in the Court of Quarter Sessions a petition on behalf of 
the City, setting forth the ground herein appropriated, 
to the end that the said Court shall appoint a jury to as- 
sess the damages as provided b}^ law. 

Sect. 3. As soon as the City shall become legally pos- 
sessed of the tracts of ground herein described, the said 
tracts shall be named Wister's Woods Park, and shall be 
placed under the control of the Commissioners of Fair- 
mount Park, subject to such rules and regulations as have 
been or shall be from time to time established by the said 
Commissioners for the care, management and maintenance 
of Fairmount Park: Provided, lioivever, That such con- 
trol shall not extend over streets or roads now upon the 
City plan or hereafter placed thereon as public highways 
over, across or through the said park. 

Sect. 4. The Department of Public Works (Board of 
Surveyors) is hereby authorized to place the tract of 
ground herein described upon the City plan, for the ob- 
jects and purposes hereinafter recited. 

Sect. 5. All ordinances or parts of ordinances incon- 
sistent herewith be, and the same are hereby repealed. 



242 OEDINANCE OF MAECH 39, 1911. 



FISHER PARK 



Ordinance of March 29, 1909. Ordinances 1909, page J/.0. 

A'N okdiita:^ce 

To accept the gift from the hite Joseph Wharton and his 
family of about twenty-five acres of ground in the 
Forty-second Ward, near the IsTorth Penn Branch of 
the Reading Railroad, for a public park, to be called 
^•Fisher Park." 

Whereas, The late Joseph Wharton, by letter to the 
Hon. John E. Eeyburn, Mayor of Philadelphia, dated 
December 21, 1908, made a most generous offer of a beau- 
tiful tract of ground, about twenty-five acres in extent, 
located near the E'orth Penn Branch of the Reading Rail- 
road where it crosses Green lane, to be used as a public 
park ; 

And Whereas, The Select and Common Councils of 
the City of Philadelphia deeply appreciate the generosity 
disjDlayed by Mr. Wharton in making this offer, and by 
his family in their willingness to complete the gift, and 
desire to express hereby the gratitude of the City for the 
benefaction ; therefore, 

SECTioisr 1. The Select and Common Councils of the 
City of Philadelphia do ordain, That the offer of the late 
Joseph Wharton and his family, contained in a letter from 
Mr. Wharton to the Mayor of Philadelphia, dated De- 
cember 21, 1908, and ratified by the said family since 



ORDINANCE OF MARCH 29, 1911. ^43 

his death, to convey to the City, for park purposes, a 
tract of ground about twenty-five acres in extent, in the 
Forty-second Ward, located near the ISTorth Penn Branch 
of the Eeading Railroad where it crosses Green lane, as 
a park for public use is hereby accepted, and the City 
of Philadelphia will properly maintain said tract of ground 
as a park for public use under the name of "Fisher Park." 

Sect. 2. The Department of Public Works (Bureau 
of Surveys) is hereby authorized and directed to place 
the said park on the City plan, under the name of "Fisher 
Park." 

Sect. 3. Upon the execution and delivery to the City 
of a deed of conveyance for said tract of ground, the Com- 
missioners of Fairmount Park are hereby authorized and 
directed to assume the care, management and maintenance 
of the said "Fisher Park." 



10 



I N DEX 



Acts of Assembly. 

Act of February 2, 1854 1 

Act of May 13, 1857 2 

Act of March 26, 1867 3 

Act of .April 14, 1868 8 

Act of April 21, 1869 23 

Act of January 27, 1870 28 

Act of March 16, 1870 30 

Act of March 15, 1871 32 

Act of May 15, 1871 94 

Act of June 15, 1871 33 

Act of April 4, 1872 97 

Act of June 8, 1895 34 

Act of June 26, 1895, as amended 38 

Act of February 28, 1901 42 

Act of April 24, 1903 43 

Act of May 25, 1907 44 

Act of May -31, 1907 47 

Act of June 8, 1907 52 

Act of June 3, 1911 56 

Aquarium and Museum. 

Authorized and described 79 

Commissioners authorized to assume care and mainte- 
nance of 79 81 

Appropriation. 

No contracts to be made for improvement of Park 

before Councils shall make an 6, 69 

Art Gallery and Museum. 

Commissioners requested to construct in the Park 73 

Commissioners to erect 82 

Art Jury. 

Membership, powers and duties pi-escribed 44 

Avenues. 

Commissioners may open such roads, avenyes and 
streets in Fairmount Park, as they may deem 

necessary 13 



146 INDEX. R ' ^ 

Avenues — Continued. 

Councils to lay ont boundary avenue around the Park. . 13 
Jurisdiction of Commissioners to extend over footway 

next the Park in all boundai-j'- avenues 13 

Commissioners may vary the boundaries of Park in 

adjusting grades of boundary avenues 25 

Commissioners to exercise authority over so much of 

Girard avenue as lies within the Park 68 

Commissioners not to vacate Girard avenue ,. . . 12 

Commissioners may lay out an aveniie from Hunting 

Park to Fairmount Park 94 

Land for said avenue to be acquired under la>vs relating 

to Fairmount Pai'k 95 

Commissioners to have control of said avenue as a Park 

road 95 

Awai'd. 

Of jury to be reviewed and enforced in the same manner 

as provided by the road laws 6 

Of damages made prior to April 21st, 1869, bears 

interest from the day of the confirmation of the 

rej)ort (note 15) 14 

Bathing. 

Act prohibiting, repealed 56 

Boat Club Houses. 

To be licensed bj^ Commissioners, subject to their 
regulations and suijervision and to removal or sur- 
render to City 16 

Boundaries. 

Of Fairmount Park described and enlarged. . .3, 8, 26, 

57, 58, 59, 61, 63, 64, 65, 71, 75, 76, 85 
Commissioners maj^ adjust boundaries of Park with 

railroad and canal companies, and others 23 

Compensation for exchanges in adjusting Park bound- 
aries to be paid into sinking fund 24 

Commissioners may vary boundaries of Park in adjust- 
ing grades of boundary avenues 25 

Of Hunting Park described 91, 99 

Of Burholme Park described 101 

Of Cobb's Creek Park described 103, 105, 106, 108, 112 

Of Morris Park described 115 

Of Morris Park revised 126 

Of Pennypack Park described 130, 135 

Of Wister's Woods described 138, 139 

Of Fisher Park described 142 



INDEX. 147 

Bridges. 

Commissioners to construct all proper bridges in the 
Park 17 

Treated generally as portions of the highways which 
cross them (note 4) 68 

Bristol Street. 

Commissioners may open Bristol street as a Park road 

from Hunting Park to Fairmount Park 97 

Land required for, how acquired 97 

Buildings. 

Compensation to be made for buildings as well as 
grounds 13 

Buildings, machinerj'- and fixtures, not required by Com- 
missioners to be removed by owners 13 

Commissioners to have exclusive power to lease all 
buildings within the Park 16 

For boat or skating clubs, or zoological or other pur- 
poses, shall be licensed by Commissioners, subject to 
their regulations and supervision, and to removal 
or surrender to City 16 

Commissioners to construct all proiier buildings in the 
Park 17 

Burholme Park. 

Commissioners authorized to assujne the care, manage- 
ment and maintenance of 100 

Chief Engineer and Surveyor. 

To be one of the Park Commissioners 4 

Chief Engineer of the AVater Works. 

To be one of the Park Commissioneis 4 

City of Philadelphia. 

See Philadelphia, Citj^ of. 

City Property. 

Commissioner of, to be one of the Park Commissioners 4 

Cobb's Creek Park. 

Authorized and described 103 

Boundaries of, amended 105 

Boundary of, enlarged 106,108,112,115 

Commissioners authorized to assume care and man- 
agement of 107, 110, 113, 108 

Ordinance condemning unopened portion of 114 

' Oi'dinance repealing portion of ordinance approved De- 

: cember 2, 1911, relating to boundaries of 127 



148 INDEX. 

Commissioners of Fairmount Park. 

How appointed 4 

To org-anize annually 4 

To elect president and secretary annually 4 

Vacancies in, how filled 4 

To receive no compensation for their services '4 

To petition for jury 5 

May negotiate and agree with owners of ground as 

to the price thereof 5 . 70 

To make report of their agreements with owners of 

ground to Court of Quarter Sessions..... 5 

Shall adopt a plan for the improvement and mainten- 
ance of the Park and proceed with the same 6, 17 

All moneys expended to be under supervision of 6 

To have the care and management of the Park on both 

banks of the Schuylkill 6, 17 

Authorized to lay out Eoberts' Hollow drive 10, 67 

To make and file survey of Eoberts' Hollow drive 10 

To appropriate the shores of the Wissahickon creek... 10 
To make and file survey of grounds upon Wissahickon 

creek 11 

To have all the power and control over ground ap- 
propriated by Act of 1868, given them by Act of 

1867 11, 26, 69 

May vacate any street or road within the Park, except 

Girard avenue 12 

May open roads, avenues and streets in the Park for 

public use 12 

To have jurisdiction over footway next the Park in all 

boundary avenues 13 

Shall make compensation for buildings as well as for 

ground taken 13 

All buildings, machinery and fixtures not required by, 

to be removed by owners 13 

Forthwith to take possession of premises upon payment 

or tender of compensation 13 

May make partial reports to the court 14 

Valuation forthwith payable whenever report of Com- 
missioners is confirmed by the court 14 

To appoint officers, ag-ents and subordinates 15 

May acquire the whole of a tract of land where part 
of it lies within the Park and sell part thereof lying 

outside the Park 15 

Shall not be interested in any such sale 16 

To report annually to Councils 16, 29 



INDEX, ]^49 

Commissioners of Fairmount Park — Continued. 

To have exclusive power to lease all houses, etc, 
within the Park 16 

To collect all rents and pay them into City Treasury. . 16 
Buildings for boat or skating clubs, or zoological or 
other purposes to be licensed by Commissioners and 

to be under their supervision 16 

May accept devises, etc., of property in trust for pur- 
poses compatible with the Park 17 

Debts to be created only at regular meeting of 17 

To construct all proper bridges, buildings, railways 

and other improvements in the Park 17 

To repress all disorders in the Park 17 

May license passenger railways in the Park 17 

To ordain additional rules and regulations 19 

Fine prescribed by Commissioners for violation of rules 

and regulations (note 26) 20 

All moneys paid into City Treasury by Commissioners 
to be exclusively appropriated for Park purposes.... 20 

Shall employ, equip and pay a Park force 21 

May prevent the damage or destruction of trees, etc. . . 23 
May adjust boundaries of Park with railroad and canal 

companies and others 23 

May take possession of property after sixty days' notice 24 
Shall make application for appointment of jury before 

possession of land is taken 24 

May vary boundaries of Park in adjusting grades of 

boundarj'- avenues 25 

Councils may confer care of other grounds upon Com- 
missioners 25 

Not to receive compensation from parties having claims 25 

To appoint Park Solicitor 29 

May exclude from the Park manufactories therein 32 

May agree with Eidge avenue Turnpike Company for 

portion of their turnpike 32 

Authorized to set apart any roadway or driveway for 
use of horses and vehicles at rate of speed to be 

prescribed by Commissioners 42 

Authorized to purchase, acquire, enter upon, take, use, 
and appropriate farmlands and woodlands adjoining 

any public Park within the City limits 43 

Care of shade trees in City streets committed to 48 

To exercise authority over so much of Girard avenue 

as lies within the Park 68 

Requested to construct art gallery in Fairmount Park. . 73 



150 INDEX. 

Commissioners of Fairmount Park — Continued. 

Care, management and maintenance of plot of gi'ound 
bounded bj' Spring Garden street. Twenty-fifth street 

and Pennsylvania avenue, committed to 75 

Care of Hunting Park transferred to 94 

To lay out, enclose, plant and adorn Hunting- Pai'k. . . 94 
To exercise same powers over Hunting Park that they 

exercise over Fairmount Park 94 

May laj out an avenue from Faiz^mount Park to Hunt- 
ing Park 94 

To have control of said avenue as a Park road 95 

Care, management and maintenance of Hunting, Bur- 
holme, Cobb's Creek, Pennypack and Fisher Parks 
and Wister's Woods transferred to 94, 102, 107, 137, 

141, 143 
May make exchanges of land for the purpose of 

squaring Hunting Park 95, 98 

Councils shall provide such moneys for Hunting Pai'k 

as Commissioners may require 95 

Care of the Elliott Cresson legacy transferred to 96 

May open Bristol street as a Park road from Hunting 
Park to Fairmount Park 97 

Common Pleas, Court of. 

To apj)oint five Park Commissioners to serve for five 

years 4 

To appoint viewers to assess damages for land taken 35, 39 

Compensation. 

Park Commissioners to receive no compensation for 

their services 4 

Jury are to find value at the time when compensation 

could first be demanded 5 

For land is not to be measured solely by its vak:e, the 

advantages must be considered (note 6) 5 

(note 1) 33 
City to raise money by loans for compensation for 

lands 14 

Commissioners to prescribe compensation for their 

officers, agents and subordinates 15 

All licenses may be with 20 

No Commissioner, Solicitor or officer to receive 

compensation from parties having claims 25 

Of Park Solicitor 29 

Comprehensive Plans. 

President of Fairmount Park Commission to be mem- 
ber of Committee on Comprehensive Plans 89 



INDEX. 2^5]^ 

Contracts. 

No contracts to be made for improvement of Park 
before Councils shall make an appropriation 6 

Councils. 

Required to obtain and lay out public squares and 
parks 1 

Presidents of Select and Common Councils to be Park 

Commissioners 4 

No contracts to be made for improvement of Park 

before Councils shall make an appropriation .• . . 6 

To cause alterations of the plan of survey in Twentj^- 
fourth, Twenty-ninth and Twenty-eighth Wards..,. 12 

To lay out a boundary avenue around the Park 13 

Commissioners to rexsort annually to 16, 29 

All moneys, except proceeds of sale of lands, paid into 
City Treasury by Commissioners to be exclusively 

appropriated by Councils for Park purposes 21 

May improve approaches to the Park 21 

May confer care of other grounds upon Commissioners 25 
Shall provide such moneys for Hunting Park as the 
Commissioners may require 95 

Damages. 

For ground and proiDertj', how ascertained 5, 12, 21, 34, 

39, 52 

Court will not award damages where there are in- 
cumbrances without making an equitable distribution 
of the fund (note 5) 11 

Must be distributed among lien creditors before the 
report of the jury is confirmed (note 5) 11 

The possession of the land owner is at sufferance 
where the damages have been assessed (note 5) 11 

Legislature may direct the time for paying. . (note 15) 14 

Awarded before April 21st, 1869, bear interest from 
the dajr of the confirmation of the repoi't (note 15) 14 

Commissioners may prevent damag'e to, or destruction 
of trees, etc 23 

Commissioners may take possession of property after 
sixty days' notice, although the damages have not 
been assessed 24 

In that event to bear interest 24 

Park damag'es not to bear interest in other cases.... 26 

For taking under Act of 1903 to be in accordance with 
law authorizing cities to acquire private property 
for Park purposes 43 



152 INDEX. 

Debts. 

To be created only by Commissioners at regular meeting 17 
District Court. 

To appoint five Park Commissioners to serve for five 

years 4 

Duties. 

Commissioners to prescribe duties of their officers, 

agents and subordinates 15 

Of Park Solicitor 29 

Elliott Cresson Legacy. 

Care of the, transferred to Park Commissioners 96 

Extract from will of Elliott Cresson 96 

Is a good charitable bequest (note 3) 96 

Exchanges. 

Commissioners maj^ make exchanges of land with rail- 
road and canal companies and others in adjusting 

boundaries 23 

Commissioners may make exchanges of land in ad- 
justing grades of boundary avenues 25 

Commissioners may make exchanges of land for the 

purpose of squaring Hunting Park 95, 98 

Expenditures. 

All expenditures for maintenance and improvement of 

the Park to be under control of Commissioners .... 6 
Commissioners to make report of expenditures annually 

to Councils 16 

Fairmovint Reservoir. 

Commissioners to erect art gallery on site of 82 

Fairmount Park. 

Constituted from Leraon Hill Estate 57 

Fines. 

For violation of rules and regulations 19 

How recovered 20 

To be paid into City Treasury for Park purposes 20 

For violation of Shade Tree Act 50, 51 

Fisher Park. 

Ordinance accepting gift of 142 

Franchises. 

Of Schuylkill Navigation, Pennsylvania, Philadelphia 
and Eeading, Junction and Connecting Eailroad Com- 
panies excepted out of the Park 4, 11, 67 

Girard Avenue. 

Commissioners not to vacate 12 

Commissioners to exercise authority over so much of 
Girard avenue as lies within the Park 68 



INDEX. ]^53 

Ground. 

Title to and ownership of, vested in the City for Park 
purposes 4, 11, 69 

Owners of, how^ paid 4 

Value of, how ascertained 5, 34, 39 

Owners of, when to petition for jury 5, 35, 39 

Commissioners may negotiate and agree with owners 
of, as to the price thereof 5, 70 

A tenant for years is an owner of (note 4) 4 

A ground landlord is not such an owner of, as will 
entitle him to an award of damages (note 4) 4 

A purchaser of, cannot claim damages, the claim re- 
mains in the vendor (note 4) 4 

An owner of, may recover damages as soon as the re- 
port is confirmed (note 5) 5 

Compensation for ground is not to be measured 
solely by its value, the advantages must be con- 
sidered (note 6) 5 

(note 1) 33 

Price of ground when confirmed by the court to be con- 
clusive upon the City 5 

Taken for public use is divested of all liens and in- 
cumbrances (note 5) 11 

Claim of City to portion of ground embraced in Act of 
1867, released 11 

All ground taken for the Park by Act of 1868 to be 
subject to all powers and control given by Act of 
1867 12,26 

Owners of ground taken by Act of 1868 to be paid as 
directed in Act of 1867 12, 21 

Proceedings where owner or lessee of ground cannot 
be found 13 

City to raise money by loan to make compensation for 
all 14 

All moneys raised by loans for purchase of ground to 
be kept separately by City Treasurer 24 

Commissioners may take possession of ground after 
sixty days' notice 24 

Commissioners shall make application for appointment 
of jury before possession of ground is taken 24 

Commissioners may vary the boundaries of the Park in 
adjusting grades of boundary avenues and take ad- 
ditional ground 25 

Councils may confer care of other grounds upon Com- 
missioners 25 



154 INDEX. 

Ground — Continued. 

Owners of, shall be fnlly heard by whole jury or 
quorum thereof 29 

Additional ground purchased to enlarge Fairmount 

Park 59, 61, 63, 64, 71, 75, 76, 85 

For avenue from Fairmount Park to Hunting Park to 

be acquired under laws relating to Fairmount Park 95 
iCommissioners may make exchange of ground for 

the purpose of squaring Hunting Park 95, 98 

Ground required for opening Bristol street, how 

acquired 97 

Hunting Park. 

Boundaries of, defined 91 

Sale of intoxicating liquors and merchandise pro- 
hibited in 92 

Care of, transferred to Commissioners of Fairmount 

Park 94 

Commissioners to exercise same powers over, that they 

do over Fairmount Park 94 

Commissioners may lay out an avenue from Hunting 

Park to Fairmount Park 94 

-Commissioners may make exchange for the purpose 

of squaring Hunting Park 95, 98 

Councils shall provide such moneys for Hunting Park 

as Commissioners may require 95 

Commissioners may open Bristol street as a Park road 

from Hunting Park to Fairmount Park 97 

Boundaries of, extended 99 

Improvement of the Park. 

Commissioners to adopt plan for, and proceed Avith the 
same 6 

No contract to be made for, before Councils make an 

appropriation 6 

Incumbrances. 

Land taken for public use is divested of all. . . (note 5) 11 

The court will not award the damages assessed where 
there are incumbrances without making an equitable 
distribution of the fund (note 5) 11 

Must be taken from the fund before the report of the 
jury is confirmed (note 5) 11 

Interest. 

Awards of damages made prior to April 21st, 1869, bear 
interest from the date of the confirmation of the re- 
port (note 15) 14 



INDEX. 155 

Interest — Continued. 

City to provide for payment of interest on Park loans 15 
Damages to bear interest where possession is actually 

taken before thej^ are paid 24 

Park damages not to bear interest in other cases.... 26 
Jury. 

How appointed ,5 

'When to be appointed 5, 35, 32, 35, 39 

To proceed as provided by road laws 6 

One or more of the jury may be stricken off and others 

substituted after the whole number have been ap- 
pointed (note 12) 6 

INIust be sworn (note 12) 6 

May administer oath to each other (note 12) 6 

Five of the jury must view the propertj^ (note 12) 6 

All must deliberate, but a majority may decide (note 12) 6 

May resort to any source of information (note 12) 6 

Are to judg-e for themselves and not by the opinions 

of witnesses (note 12) 6 

Are to find value at the time when compensation could 

first be demanded (note 12) 6 

To make compensation for buildings as well as ground 13 

May make partial reports to the court 14 

To consist of six members 14 

Court may confirm partial reports of 14, 28 

PoAvers of, to continue until they have reported on all 

their cases, unless otherwise ordered by the court... 14 

May be appointed on one or more cases 14 

Valuation forthwith payable whenever report of jury 

is confirmed by the court 14 

Commissioners shall make application for appointment 

of, before possession of land is taken 24 

Vacancies in, how filled 29 

Ever3r claimant shall be fully heard by whole jury or 

quorum thereof 29 

Lansdowiie Estate. 

Purchase of authorized 63 

Lease. 

Commissioners may lease houses within Park limits. . . 16 
Tenant to forfeit lease for violation of rules and 

regulations 20 

To contain clause of forfeiture 20 

Lemon Hill Estate. 

Dedicated to public use as a jiark, to be called Faii*- 

mount Park 57 



156 INDEX. 

Licenses. 

Commissioners to grant licenses for buildings for boat 
or skating clubs, or zoological or other jDurposes . . . . 1& 

Commissioners maj^ grant licenses for passenger rail- 
ways in the Park 17 

All charges for licenses to be paid into City Treasury 17 

liiens . 

Land taken for public use is divested of all., (note 5) 11 
The court will not award the damages assessed where 
there are liens and incumbrances, without making 

an equitable distribution of the fund (note 5) 11 

Must be taken from the fund before the report of the 
jury is confirmed (note 5) 11 

Loans. 

City to raise money by loans for all grounds, the laying 
out and construction, permanent care and improve- 
ment thereof and for all culverts 14 

City to provide for payment of interest on loans and 
sinking fund for their redemption 15 

Maintenance. 

Commissioners to adopt plan for the maintenance of 
the Park and proceed with the same 6, 17 

Management. 

Commissioners to have management of the Park on 
both banks of the Schuylkill 6, 17 

IVIanufactories. 

Commissioners may exclude manufactories from the 
Park 32 

Mayor. 

Of the City to be one of the Park Commissioners 4 

Park police to be subject to orders of Mayor in any 
emergency 21 

Moneys. 

All moneys expended to be under supervision of Com- 
missioners 6 

All moneys paid into City Treasury by Commissioners 
to be exclusively appropriated for Park purposes... 21 

All moneys raised for purchase of grounds, etc., to be 
kept separately by City Treasurer 24 

Councils shall provide such moneys for Hunting Park 
as Commissioners may require 95 



INDEX. ;[57 

Morris Park. 

Placed on City plan 115 

Ordinance accepting offer of Girard Trust Company 

et al., of land for 119 

Boundaries revised 126^ 

Care of conferred upon Commissioners 128 

Notice. 

Commissioners to give notice of taking possession of 
ground 5 

Commissioners may take possession of property after 
sixty days' notice 24 

Officers. 

Commissioners to appoint officers, agents and sub- 
ordinates 15 

Shall not be interested in sales of land acquired out- 
side the Park 16 

Of Commission not to receive compensation from 
parties having claims 25 

Ordinances and Resolutions of Councils. 

Ordinance of September 28, 1855 57 

Ordinance of July 10, 1856 91 

Eesolution of April 28, 1857 58 

Ordinance of July 11, 1860 59 

Ordinance of June 28, 1864 61 

Ordinance of February 15, 1867 63 

Ordinance of June 28, 1867 64 

Ordinance of March 4, 1868 65 

Ordinance of June 29, 1868 71 

Eesolution of January 24, 1871 73 

Ordinance of June 1, 1892 74 

Ordinance of October 15, 1900 75 

Ordinance of December 4, 1901 76 

Ordinance of September 8, 1903 99 

Ordinance of June 27, 1904 103 

Ordinance of March 20, 1905 129 

Ordinance of July 27, 1905 100 

Ordinance of June 26, 1906 105 

Ordinance of March 12, 1907 138 

Ordinance of July 10, 1907 106 

Ordinance of July 10, 1907 .' 130 

Ordinance of March 29, 1909 142 

Ordinance of April 12, 1909 135 



158 INDEX. 

Ordinances and Resolutions of Councils — Continued. 

Ordinance of Xorember 5, 1909 108 

Ordinance of December 14, 1910 112 

Ordinance of March 16, 1911 79 

Ordinance of April 10, 1911 82 

Ordinance of May 4, 1911 114 

Eesolntion of July 13, 1911 , 84 

Ordinance of July 27, 1911 85 

Ordinance of December 1, 1911 139 

Ordinance of December 2, 1911 115 

Ordinance of December 2, 1911 119 

Ordinance of February 17, 1912 88 

Ordinance of March 14, 1912 126 

Ordinance of March 19, 1912 127 

Ordinance of May 27, 1912 128 

Owner of Ground. 

How paid 4, 12, 21 

A tenant for years is an (note 4) 4 

When to petition for jury 5, 35, 39 

A ground landlord is not such an owner of ground as 

will entitle him to an aAvard of dainages. . . (note 4) 4 
May recover the damages as soon as the report is con- 
firmed (note 5) 5 

Continues in possession at sufferance after damages 

have been assessed (note 5) 11 

Owners of ground taken by Act of 1868 to be paid as 

directed in Act of 1867 11, 21 

To remove all buildings, machinery, and fixtures not 

required by Park Commission 13 

To receive compensation for buildings as well as ground 13 
Proceedings where owners of ground cannot be found.. 13 
Shall be fully heard by Avhole jury or quorum thereof. . 29 
Park Fund. 

Eents, fees, fines and profit allotted to 20 

Park Police. 

To arrest offenders without Avarrant 20 

Commissioners to employ, equip, and pay 21 

To be subject to orders of Mayor in any emergency. .. 21 

How appointed and controlled 21 

Park Solicitor. 

Not to "L-eceive anj^ compensation from parties having 

claims 25 

Commissioners to appoint 29 

Duties of 29 

Compensation of 9 



INDEX. 159 

Penalty. 

For being interested in sales of land 16 

For violation of rules and regulations 19 

How recovered 20 

For receiving compensation from parties having claims 25 
For sale of intoxicating liquors and merchandise in 

Hunting Park 92 

For violation of Shade Tree Act 50, 51 

Pennypack Park. 

Authorized to be iDlaced on City plan 129 

Boundaries of, defined 132, 135 

Commissioners authorized to assume care of 137 

Philadelphia, City of. 

To j)ay for ground appropriated 5 

Claim of, to portion of ground embraced in Act of 1867 
released 11 

To have all the power and control over ground ap- 
propriated by Act of 1868 given it by Act of 1867. . 11, 26^ 

Valuation forthwith payable by, whenever report is 
confirmed by the court 14 

Eequired to raise money by loans for all grounds, the 
laying out and construction, permanent care and im- 
provement thereof, arid for all culverts 14 

To assess taxes for keeping the Park in repair 15 

To jjrovide for payment of interest on loans, and sink- 
ing fund for their redemption 15 

All houses and buildings in the Park for boat or skating 
clubs, or zoological or other purposes to be subject to 
surrender to 17 

Eequired to maintain and keep open Fairmount Park 30 

Possession. 

Commissioners to give notice of their taking possession 

of ground 5 

Owner of ground continues in j)ossession at sufferance 

after damages have been assessed (note 5) 11 

Commissioners forthwith to take possession of premises 

upon payment or tender of compensation 13 

Commissioners maj^ take possession of property after 

sixty days' notice 24 

Damages to bear interest where possession is taken 

before payment 24 

Commissioners shall make application for appointment 

of jury. before possession of land is taken 24 

11 



160 INDEX. 

President. 

Of the Select and of the Common Councils to be Park 
Commissioners 4 

Commissioners to elect President annually 

To be member of Committee for carrying into eifect 
comprehensive plans for the future development of 

the City 88 

Purchase. 

Of whole tract, where part lies within boundaries.... 15 
Quarter Sessions, Court of. 

To appoint jury to assess damages for land taken 2 

To appoint six jurox's 5, 14 

Commissioners to make report of their agreements 
with owners of ground to court of , 5, 14 

One or more jurors niay be stricken off and others 
substituted after the whole number have been ap- 
pointed (note 13) 6 

The court will not award damages where there are 
incumbrances without making an equitable distribu- 
tion of the fund (note 5) 11 

The court must distribute damages among lien creditors 
before the report of the jury is confirmed. . . (note 5) 11 

Commissioners and jury may make partial reports to 
court of, and court may act on them separately 14 

Powers of jury to continue unless otherwise ordered by 
court of 14 

Court of, may confirm partial reports of jury 14, 28 

Valuation forthwith payable whenever report is con- 
firmed by 14 

Proceedings pending in court of, not to be affected by 

April 14, 1868 21 

Railroads. 

Franchises of certain railroads excepted out of Park 4, 11 

No railroads ever to be constructed within the limits 
of Fairmount Park after March 16, 1870 30 

Eights already acquired by any railroads preserved... 31 

Railways. 

Commissioners to construct all proper railways in the 
Park 17 

Commissioners may license passenger railways in the 

Park 17 

Rents. 

Commissioners to collect all x-ents and pay them into 
City Treasxxi-y 16 



INDEX. 2.61 

Report. 

Must be made hj the Commissioners to the Court of 
Quarter Sessions of their agreement with the owners 

of land 5 

Of jury must state that the jiirj^ has been sworn 

(note 12) 6 
Commissioners and jury may make partial reports to 

the court 14 

Court may confirm partial reports of jury 14, 28 

Commissioners to make annual 16, 29 

Ridge Avenue Turnpike. 

Commissioners may agree with company for portion of 32 
Roads. 

Jury to jDroceed according- to road laws 6 

Commissioners may vacate any street or road within 

Fairmount Park, except Girard avenue 13 

Commissioners may open up roads, avenues and streets 

in the Park for public use 12 

Jurisdiction of Commissioners to extend over footway 
next the Park in all avenues or streets which bound 

upon the Park 13 

Commissioners may lay out Park road from Hunting 

Park to Fairmount Park 94 

Roberts' Hollow Drive. 

Commissioners authorized to lay out 10, 59 

Declared part of Fairmount Park 10 

Commissioners to make and file survey of 10 

Rules and Regulations. 

Eules and regulations 18, 50 

Commissioners to ordain additional 19, 50 

Penalty for violation of 20, 50 

Commissioners to prescribe fine for violation of.... 20, 50 

Fine for violation • of , how recovered 20, 51 

Further liability for violation of 20 

Tenant to forfeit lease for violation of 20 

Leases to contain clause of forfeiture for violation of . . 20 
Park police to arrest without warrant for violation of 20 
Sale. 

Of ground outside of boundaries 15 

Secretary. 

Commissioners to elect annually 4 

Sedgley Park Estate. 

Eesolution accepting gift of, as an addition to Fair- 
mount Park 58 



162 INDEX. 

Shade Trees in City Streets. 

Provision for the j)lantiiig' and care of 47 

Provisions of tlie Act accepted by Councils 84 ' 

Elliott Cresson legacy for planting 96 

Sinking Fund. 

City to provide sinking fund for redemption of Park 
loan 15 

Proceeds of sales of land acquired outside the Park to 
be paid into 16 

Compensation for exchanges in adjusting Park boun- 
daries to be paid into 24 

Skating Club Houses. 

To be licensed by Commissioners, subject to their 
regulations and supervision and to removal or sur- 
render to City 16 

Solicitor. 

See Park Solicitor. 

Speedway. 

Authorized 42 

Tenant. 

To forfeit lease for violation of rules and regulations.. 20 

Treasurer. 

All trust property to be received and held by Park 
Treasurer 21 

All moneys raised by loans for purchase of grounds, 
etc., to be kept separately by City Treasurer...... 24 

Treasviry. 

Commissioners to pay all rents into City Treasury. . 16, 20 
All emoluments from passenger railways to be paid 

into City Treasury 17 

Fines for violation of I'ules and regulations to be paid 

into City Treasury 20 

Compensation for all licenses, etc., to be paid into City 

Treasury 20 

All moneys paid into City Treasury by Commissioners 

to be exclusively appropriated for Park purposes... 21 

Trusts. 

Commissioners may accept devises, etc., of property 
upon trusts compatible with Park purposes 17 

All property given upon trust shall be received and 
held by Park Treasurer 21 



INDEX. 1(53 

Vacancies. 

In Park Commission, how filled 4 

In Park juries, how filled 29 

Water Works. 

Chief Engineer of, to be one of the Park Com- 
missioners 4 

Excepted out of Park 10, 65 

Wilstach Bequest. 

Ordinance accepting- and placing under control of 
Commissioners 74 

Wissahickon Creek. 

Commissioners to appropriate shores of 10 

Commissioners to make and file survey of grounds 

tipon 11 

Declared part of Fairmount Park 11 

Wister's Woods. 

Placed on City plan ', 138 

Boundaries of, defined 139 

Commissioners authorized to assume care, maintenance 
and management of 141 

Zoological Buildings. 

To be licensed by Commissioners, subject to their 
regulations and supervision and to removal or sur- 
render to City 16 



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